C & A Carbone, Inc. v. Clarkstown, 511 U.S. 383, 33 (1994)

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Cite as: 511 U. S. 383 (1994)

Souter, J., dissenting

in those cases were patently discriminatory, differentiating by their very terms between in-state and out-of-state (or local and nonlocal) processors. One ordinance, for example, forbad selling pasteurized milk " 'unless the same shall have been pasteurized and bottled . . . within a radius of five miles from the central portion of the City of Madison . . . .' " 3 Dean Milk Co. v. Madison, 340 U. S. 349, 350, n. 1 (1951) (quoting General Ordinances of the City of Madison § 7.21 (1949)). The other laws expressly discriminated against commerce crossing state lines, placing these local processing cases squarely within the larger class of cases in which this Court has invalidated facially discriminatory legislation.4

As the majority recognizes, Local Law 9 shares two features with these local processing cases. It regulates a processing service available in interstate commerce, i. e., the sorting and baling of solid waste for disposal. And it does so in a fashion that excludes out-of-town trash processors by its very terms. These parallels between Local Law 9 and the statutes previously invalidated confer initial plausibility on the majority's classification of this case with those earlier ones on processing, and they even bring this one within the most general language of some of the earlier cases, abhorring

3 The area encompassed by this provision included all of Madison except the runways of the municipal airport, plus a small amount of unincorpo-rated land. See The Madison and Wisconsin Foundation, Map of the City of Madison (1951).

4 See, e. g., Chemical Waste Management, Inc. v. Hunt, 504 U. S. 334 (1992) (Alabama statute taxing hazardous waste not originating in State); Wyoming v. Oklahoma, 502 U. S. 437 (1992) (Oklahoma statute requiring power plants to burn at least 10 percent Oklahoma-mined coal); New Energy Co. of Ind. v. Limbach, 486 U. S. 269 (1988) (Ohio statute awarding tax credit for sales of ethanol only if it is produced in Ohio or in a State that awards similar tax breaks for Ohio-produced ethanol); New England Power Co. v. New Hampshire, 455 U. S. 331 (1982) (New Hampshire statute prohibiting hydroelectric power from being sold out of State without permission from the State's Public Utilities Commission); Hughes v. Oklahoma, 441 U. S. 322 (1979) (Oklahoma law forbidding out-of-state sale of natural minnows).

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