ELR Citation: ELR 21411
No(s). 90-8298 (11th Cir. Aug 23, 1991)

The court holds that a county's application of a Georgia statute prohibiting the import of waste across county and state boundaries violates the Commerce Clause of the U.S. Constitution. The court holds that the county's application was not per se invalid, but the county's application violated the Commerce Clause, since the county could have achieved its objectives with a lesser impact on interstate commerce. The court holds that the statute is nevertheless constitutional, since it allows Georgia counties to require an application for a permit for importing waste across state or county boundaries. Furthermore, it gives Georgia counties a role in protecting the public health and welfare with respect to the operation of waste dumps within their boundaries. The court affirms the district court's decision to enjoin the county from an outright ban on the import of waste across county and state boundaries.

Counsel for Appellee
L. Robert Lovett
165 1st St., P.O. Box 185, Macon GA 31202
(912) 750-0200

Counsel for Appellants
W. Franklin Freeman Jr., James A. Vaughn
P.O. Box 6777, Forsyth GA 31029
(912) 994-5134

Frederic L. Wright
2600 Harris Tower, 233 Peachtree St. NE, Atlanta GA 30043
(404) 521-3800

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and KAUFMAN^*, Senior District Judge.