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
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.
(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 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.