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Constitutional Law

Faculty Articles and Other Publications

1990

Commerce Clause

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Out-Of-State Trash: Solid Waste And The Dormant Commerce Clause, Bradford Mank Jan 1990

Out-Of-State Trash: Solid Waste And The Dormant Commerce Clause, Bradford Mank

Faculty Articles and Other Publications

America faces a garbage crisis. Many cities and states are rapidly depleting their landfill capacity for ordinary municipal solid waste.The "Not In My Back Yard" (NIMBY) syndrome hinders regional and national solutions to the solid waste problem. This Article examines to what extent local communities may exclude solid waste from out-of-state sources without violating the Commerce Clause.