Camps Newfound/Owatonna, Inc. v. Town of Harrison, 520 U.S. 564, 14 (1997)

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Cite as: 520 U. S. 564 (1997)

Opinion of the Court

in part the natural beauty of Maine itself and, in addition, the special services that the camp provides. In this way, the Maine statute is like a law that burdens out-of-state access to domestically generated hydroelectric power, New England Power, or to local landfills, Philadelphia v. New Jersey, 437 U. S. 617 (1978). In those cases, as in this case, the burden fell on out-of-state access both to a natural resource and to related services provided by state residents.10

Avoiding this sort of "economic Balkanization," Hughes v. Oklahoma, 441 U. S., at 325, and the retaliatory acts of other States that may follow, is one of the central purposes of our negative Commerce Clause jurisprudence. See ibid.; West v. Kansas Natural Gas Co., 221 U. S. 229, 255 (1911) (expressing concern that "embargo may be retaliated by embargo, and commerce will be halted at state lines"). And, as we noted in Brown-Forman Distillers Corp. v. New York State Liquor Authority, 476 U. S. 573, 580 (1986): "Economic protectionism is not limited to attempts to convey advanmerce. Insofar as Sporhase suggests certain narrow circumstances in which the reservation of natural resources for state citizens may be permissible, see id., at 956-957, these concerns are not implicated here.

10 We have long noted the applicability of our dormant Commerce Clause jurisprudence to service industries. See, e. g., C & A Carbone, Inc. v. Clarkstown, 511 U. S. 383, 391 (1994) ("[T]he article of commerce is not so much the solid waste itself, but rather the service of processing and disposing of it"); Fort Gratiot Sanitary Landfill, Inc. v. Michigan Dept. of Natural Resources, 504 U. S. 353, 359 (1992) (noting that "arrangements between out-of-state generators of waste and the . . . operator of a waste disposal site" may be "viewed as 'sales' of garbage or 'purchases' of transportation and disposal services"); Boston Stock Exchange v. State Tax Comm'n, 429 U. S. 318, 337 (1977) ("[N]o State may discriminatorily tax . . . the business operations performed in any other State"); Lewis v. BT Investment Managers, Inc., 447 U. S. 27, 42 (1980) (striking down state statute under dormant Commerce Clause that favored in-state over outof-state entities in the investor services market). Given the substantial portion of the national economy now devoted to service industries, see Bureau of Census, Statistical Abstract of the United States 1995, p. 779 (Table 1288) (noting service industries constituted approximately 20 percent of gross domestic product in 1992), this is a natural development in our dormant Commerce Clause jurisprudence.

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