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In 1998, the state legislature of Illinois added the Solid Waste Import Restrictions to its
State Wide Solid Waste Management Act. These new laws prohibited privately owned
landfills in the state from accepting solid wastes (e.g., garbage, rubbish, sludges, and
industrial waste) from any source outside the county in which the landfill was located
unless the county expressly permitted it. Point Arbors Sanitary Landfill, Inc., a privately
owned landfill located in Grace County in Illinois, submitted an application to the Grace
County government to allow Point Arbors to accept up to 750 tons per day of out-of-state
solid waste. The county rejected the application. Point Arbors sued the county and the
state in federal court, alleging that the Solid Waste Import Restrictions violated the
Commerce Clause of the U.S. Constitution. The state of Illinois and Grace County argued
that the Solid Waste Import Restrictions are necessary to public health because they
enable individual counties to make adequate and comprehensive plans for the safe
disposal of future waste. The U.S. District Court concluded that the restrictions did not
discriminate against interstate commerce and therefore did not violate the Commerce
Clause. The U.S. Court of Appeals disagreed and found that the restrictions were
unconstitutional under the Commerce Clause. The case is appealed to the U.S. Supreme
Court and the Court agrees to hear it. What does the Commerce Clause require in this
situation? Do Illinois’ Solid Waste Import Restrictions violate the Commerce Clause of
the U.S. Constitution? Why or why not? Fully discuss how the Court would likely
analyze this case.
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