384
Syllabus
solid waste, the article of commerce here is not so much the waste itself, but rather the service of processing and disposing of it. With respect to this stream of commerce, the ordinance discriminates, for it allows only the favored operator to process waste that is within the town's limits. It is no less discriminatory because in-state or in-town processors are also covered by the prohibition. Cf., e. g., Dean Milk Co. v. Madison, 340 U. S. 349. Favoring a single local proprietor makes the ordinance's protectionist effect even more acute, for it squelches competition in the waste-processing service altogether, leaving no room for outside investment. Pp. 389-392. (c) The town does not lack other means to advance a legitimate local interest. It could address alleged health and safety problems through nondiscriminatory alternatives, such as uniform safety regulations that would ensure that competitors do not underprice the market by cutting corners on environmental safety. Justifying the ordinance as a way to steer solid waste away from out-of-town disposal sites that the town might deem harmful to the environment would extend its police power beyond its jurisdictional boundaries. Moreover, the ordinance's revenue generating purpose by itself is not a local interest that can justify discrimination against interstate commerce. If special financing is needed to ensure the transfer station's long-term survival, the town may subsidize the facility through general taxes or municipal bonds, but it may not employ discriminatory regulation to give the project an advantage over rival out-of-state businesses. Pp. 392-395. 182 App. Div. 2d 213, 587 N. Y. S. 2d 681, reversed and remanded.
Kennedy, J., delivered the opinion of the Court, in which Stevens, Scalia, Thomas, and Ginsburg, JJ., joined. O'Connor, J., filed an opinion concurring in the judgment, post, p. 401. Souter, J., filed a dissenting opinion, in which Rehnquist, C. J., and Blackmun, J., joined, post, p. 410.
Betty Jo Christian argued the cause for petitioners. With her on the briefs were Paul J. Ondrasik, Jr., David Silverman, Kenneth Resnik, and Charles G. Cole.
William C. Brashares argued the cause for respondent. With him on the brief were Murray N. Jacobson and Richard A. Glickel.*
*Briefs of amici curiae urging reversal were filed for Incorporated Villages of Westbury, Mineola, and New Hyde Park et al. by Lawrence W. Boes, Jerome F. Matedero, John M. Spellman, and Donna M. C. Giliberto;
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