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PHILADELPHIA v. NEW JERSEY

No. 77-404.

437 U.S. 617 (1978)

98 S.Ct. 2531

57 L.Ed.2d 475

CITY OF PHILADELPHIA ET AL. v. NEW JERSEY ET AL.

Supreme Court of United States.

Decided June 23, 1978.

Attorney(s) appearing for the Case

Herbert F. Moore argued the cause for appellants. With him on the briefs was Arthur Meisel.

Stephen Skillman, Assistant Attorney General of New Jersey, argued the cause for appellees. With him on the brief were John J. Degnan, Attorney General, and Deborah Poritz and Nathan Edelstein, Deputy Attorneys General.*

Briefs of amici curiae were filed by Jeffrey B. Schwartz for the American Public Health Assn.; and by William C. Brashares for the National Solid Wastes Management Assn.

MR. JUSTICE STEWART delivered the opinion of the Court.

A New Jersey law prohibits the importation of most "solid or liquid waste which originated or was collected outside the territorial limits of the State . . . ." In this case we are required to decide whether this statutory prohibition violates the Commerce Clause of the United States Constitution.

I

The statutory provision in question is ch. 363 of 1973 N. J. Laws, which took effect in early...

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