Cite as: 504 U. S. 334 (1992)
Syllabus
nage landfilled at Emelle—which would curtail volume from all sources. Additionally, any concern touching on environmental conservation and Alabama citizens' health and safety does not vary with the waste's point of origin, and the State has the power to monitor and regulate more closely the transportation and disposal of all hazardous waste within its borders. Even possible future financial and environmental risks to be borne by Alabama do not vary with the waste's State of origin in a way allowing foreign, but not local, waste to be burdened. Pp. 343-346. (c) This Court's decisions regarding quarantine laws do not counsel a different conclusion. The additional fee may not legitimately be deemed a quarantine law because Alabama permits both the generation and landfilling of hazardous waste within its borders and the importation of additional hazardous waste. Moreover, the quarantine laws upheld by this Court "did not discriminate against interstate commerce as such, but simply prevented traffic in noxious articles, whatever their origin." Philadelphia v. New Jersey, supra, at 629. This Court's decision in Maine v. Taylor, 477 U. S. 131—upholding a state ban on the importation of baitfish after Maine showed that such fish were subject to parasites foreign to in-state baitfish and that there were no less discriminatory means of protecting its natural resources—likewise offers no respite to Alabama, since here the hazardous waste is the same regardless of its point of origin and adequate means other than overt discrimination meet Alabama's concerns. Pp. 346-348. 2. On remand the Alabama Supreme Court must consider the appropriate relief to petitioner. See, e. g., McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business Regulations, 496 U. S. 18, 31. Pp. 348-349. 584 So. 2d 1367, reversed and remanded.
White, J., delivered the opinion of the Court, in which Blackmun, Stevens, O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, post, p. 349.
Andrew J. Pincus argued the cause for petitioner. With him on the briefs were Kenneth S. Geller, Evan M. Tager, Fournier J. Gale III, H. Thomas Wells, Jr., James T. Banks, and John T. Van Gessel.
Bert S. Nettles argued the cause for respondents. With him on the brief were William D. Little, Assistant Attorney General of Alabama, William D. Coleman, Jim B. Grant, Jr., J. Wade Hope, Alton B. Parker, Jr., J. Mark Hart, and Mark D. Hess.
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