City of Philadelphia v. New Jersey

PETITIONER: City of Philadelphia et al.
RESPONDENT: New Jersey et al.
LOCATION: City of Philadelphia

DOCKET NO.: 75-1150
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: New Jersey Supreme Court

CITATION: 430 US 141 (1977)
ARGUED: Nov 03, 1976
DECIDED: Feb 23, 1977

ADVOCATES:
Herbert F. Moore - argued the cause for the appellants
Stephen Skillman - argued the cause for the appellees

Facts of the case

A New Jersey statute prohibited the importation of solid or liquid waste into the state, except for garbage for swine feed. The City of Philadelphia challenged the statute, alleging it was unconstitutional under the Commerce clause of Article I and pre-empted by the Solid Waste Disposal Act of 1965. The New Jersey Supreme Court upheld the statute. Congress then passed the Resource Conservation and Recovery Act of 1976.

Question

(1) Does the Solid Waste Disposal Act of 1965 pre-empt the New Jersey statute?

(2) Does the New Jersey's statute violate the Commerce Clause of Article I of the Constitution?

Media for City of Philadelphia v. New Jersey

Audio Transcription for Oral Argument - November 03, 1976 in City of Philadelphia v. New Jersey

Audio Transcription for Opinion Announcement - February 23, 1977 in City of Philadelphia v. New Jersey

Warren E. Burger:

In 75-1150, the City of Philadelphia and others against New Jersey for reasons stated in an opinion of the Court filed with the clerk this morning, the judgment of the New Jersey Supreme Court is vacated and the case is remanded for reconsideration in light of the Resource Conservation and Recovery Act of 1976, Mr. Justice Powell with whom Mr. Justice Stewart, Mr. Justice Rehnquist and I joined and filed a dissenting opinion.