354
Syllabus
Clause's strictures by curtailing the movement of articles of commerce through subdivisions of the State, rather than through the State itself. See, e. g., Brimmer v. Rebman, 138 U. S. 78, 82-83. Nor does the fact that the Michigan statute allows individual counties to accept solid waste from out of state qualify its discriminatory character. Pp. 361-363. (c) Also rejected is respondents' argument that this case is different from Philadelphia v. New Jersey because the SWMA constitutes a comprehensive health and safety regulation rather than "economic protectionism" of the State's limited landfill capacity. Even assuming that other provisions of the SWMA could fairly be so characterized, the same assumption cannot be made with respect to the Waste Import Restrictions themselves. Because those provisions unambiguously discriminate against interstate commerce, the State bears the burden of proving that they further health and safety concerns that cannot be adequately served by nondiscriminatory alternatives. Respondents have not met this burden, since they have provided no valid health and safety reason for limiting the amount of waste that a landfill operator may accept from outside the State, but not the amount the operator may accept from inside the State. Pp. 363-368. 931 F. 2d 413, reversed.
Stevens, J., delivered the opinion of the Court, in which White, O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which Blackmun, J., joined, post, p. 368.
Harold B. Finn III argued the cause for petitioner. With him on the briefs were Donna Nelson Heller and David I. Albin.
Thomas L. Casey, Assistant Solicitor General of Michigan, argued the cause for respondents. With him on the brief for the state respondents were Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Thomas J. Emery and James E. Riley, Assistant Attorneys General. Lawrence R. Ternan, Margaret Battle Kiernan, and Robert J. Nickerson filed a brief for the county respondents.*
*Andrew J. Pincus, Evan M. Tager, and Bruce J. Parker filed a brief for the National Solid Wastes Management Association as amicus curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the State of Alabama et al. by Chris Gorman, Attorney General of Kentucky, and
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