342
Opinion of the Court
State from the national economy." Philadelphia v. New Jersey, supra, at 627.
The Act's additional fee facially discriminates against hazardous waste generated in States other than Alabama, and the Act overall has plainly discouraged the full operation of petitioner's Emelle facility.4 Such burdensome taxes imposed on interstate commerce alone are generally forbidden: "[A] State may not tax a transaction or incident more heavily when it crosses state lines than when it occurs entirely within the State." Armco Inc. v. Hardesty, 467 U. S. 638, 642 (1984); see also Walling v. Michigan, 116 U. S. 446, 455 (1886); Guy v. Baltimore, 100 U. S. 434, 439 (1880). Once a state tax is found to discriminate against out-of-state commerce, it is typically struck down without further inquiry. See, e. g., Westinghouse Electric Corp. v. Tully, 466 U. S. 388, 406-407 (1984); Maryland v. Louisiana, 451 U. S. 725, 759- 760 (1981); Boston Stock Exchange v. State Tax Comm'n, 429 U. S. 318, 336-337 (1977).
The State, however, argues that the additional fee imposed
on out-of-state hazardous waste serves legitimate local purposes related to its citizens' health and safety. Because the additional fee discriminates both on its face and in practical effect, the burden falls on the State "to justify it both in terms of the local benefits flowing from the statute and the unavailability of nondiscriminatory alternatives adequate to preserve the local interests at stake." Hunt v. Washington State Apple Advertising Comm'n, 432 U. S. 333, 353 (1977); see also Fort Gratiot Sanitary Landfill, post, at 359; New Energy Co., supra, at 278-279. "At a minimum such facial discrimination invokes the strictest scrutiny of any purported legitimate local purpose and of the absence of nondis-4 The Act went into effect July 15, 1990. The volume of hazardous waste buried at the Emelle facility fell dramatically from 791,000 tons in 1989 to 290,000 tons in 1991.
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