402
O'Connor, J., concurring in judgment
Inc. v. Du Mond, 336 U. S. 525, 537-538 (1949) (internal quotation marks and citations omitted).
Our decisions therefore hold that the dormant Commerce Clause forbids States and their subdivisions to regulate interstate commerce.
We have generally distinguished between two types of impermissible regulations. A facially nondiscriminatory regulation supported by a legitimate state interest which incidentally burdens interstate commerce is constitutional unless the burden on interstate trade is clearly excessive in relation to the local benefits. See Brown-Forman Distillers Corp. v. New York State Liquor Authority, 476 U. S. 573, 579 (1986); Pike v. Bruce Church, Inc., 397 U. S. 137, 142 (1970). Where, however, a regulation "affirmatively" or "clearly" discriminates against interstate commerce on its face or in practical effect, it violates the Constitution unless the discrimination is demonstrably justified by a valid factor unrelated to protectionism. See Wyoming v. Oklahoma, 502 U. S. 437, 454 (1992); Maine v. Taylor, 477 U. S. 131, 138 (1986). Of course, there is no clear line separating these categories. "In either situation the critical consideration is the overall effect of the statute on both local and interstate activity." Brown-Forman Distillers, supra, at 579.
Local Law 9 prohibits anyone except the town-authorized transfer station operator from processing discarded waste and shipping it out of town. In effect, the town has given a waste processing monopoly to the transfer station. The majority concludes that this processing monopoly facially discriminates against interstate commerce. Ante, at 391-392. In support of this conclusion, the majority cites previous decisions of this Court striking down regulatory enactments requiring that a particular economic activity be performed within the jurisdiction. See, e. g., Dean Milk Co. v. Madison, 340 U. S. 349 (1951) (unconstitutional for city to require milk to be pasteurized within five miles of the city); Minnesota v. Barber, 136 U. S. 313 (1890) (unconstitutional for State
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