346
Opinion of the Court
tion and disposal of all hazardous waste within its borders. Even with the possible future financial and environmental risks to be borne by Alabama, such risks likewise do not vary with the waste's State of origin in a way allowing foreign, but not local, waste to be burdened.9 In sum, we find the additional fee to be "an obvious effort to saddle those outside the State" with most of the burden of slowing the flow of waste into the Emelle facility. Philadelphia v. New Jersey, 437 U. S., at 629. "That legislative effort is clearly impermissible under the Commerce Clause of the Constitution." Ibid.
Our decisions regarding quarantine laws do not counsel a different conclusion.10 The Act's additional fee may not legitimately be deemed a quarantine law because Alabama permits both the generation and landfilling of hazardous
9 The State presents no argument here, as it did below, that the additional fee makes out-of-state generators pay their "fair share" of the costs of Alabama waste disposal facilities, or that the additional fee is justified as a "compensatory tax." The trial court rejected these arguments, App. to Pet. for Cert. 88a, n. 6., finding the former foreclosed by American Trucking Assns., Inc. v. Scheiner, 483 U. S. 266, 287-289 (1987), and the latter to be factually unsupported by a requisite "substantially equivalent" tax imposed solely on in-state waste, as required by, e. g., Tyler Pipe Industries, Inc. v. Washington State Dept. of Revenue, 483 U. S. 232, 242- 244 (1987). Various amici assert that the discrimination patent in the Act's additional fee is consistent with congressional authorization. We pretermit this issue, for it was not the basis for the decision below and has not been briefed or argued by the parties here.
10 The State collects and refers to the following decisions, inter alia, as "quarantine cases": Clason v. Indiana, 306 U. S. 439 (1939); Mintz v. Baldwin, 289 U. S. 346 (1933); Oregon-Washington Railroad & Navigation Co. v. Washington, 270 U. S. 87 (1926); Sligh v. Kirkwood, 237 U. S. 52 (1915); Asbell v. Kansas, 209 U. S. 251 (1908); Reid v. Colorado, 187 U. S. 137 (1902); Compagnie Francaise de Navigation a Vapeur v. Louisiana Bd. of Health, 186 U. S. 380 (1902); Smith v. St. Louis & Southwestern R. Co., 181 U. S. 248 (1901); Rasmussen v. Idaho, 181 U. S. 198 (1901); Missouri, K. & T. R. Co. v. Haber, 169 U. S. 613 (1898); Bowman v. Chicago & Northwestern R. Co., 125 U. S. 465 (1888); Railroad Co. v. Husen, 95 U. S. 465 (1878).
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