ELR Citation: ELR 20499
No(s). 92-1386 (8th Cir. Dec 11, 1902)

The court holds that portions of two Arkansas solid waste disposal laws facially discriminate against solid waste originating outside Arkansas in violation of the Commerce Clause of the U.S. Constitution. The laws prohibit solid waste planning districts from accepting solid waste from outside the boundaries of that district, with some exceptions. Relying on Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural Resources, 22 ELR 20904, in which the U.S. Supreme Court held that a similar state statute must fail without some showing that the out-of-state waste excluded is more harmful than the in-state waste allowed, the court holds that the laws' exclusion of in-state, out-of-district waste does not validate the exclusion of out-of-state waste. The state made no showing that the excluded out-of-state waste is more harmful than the allowed in-state waste. The court also holds that the laws cannot be saved by asserting that they are efforts by the Arkansas Legislature to comply with a Resource Conservation and Recovery Act (RCRA) federal policy of providing regional planning by states, because RCRA does not authorize differential treatment of out-of-state waste. Finally, the court states that its holding should not be understood to invalidate or interfere with any other provisions of the laws that do not discriminate against interstate commerce.

Counsel for Appellant
Charles S. Gibson
P.O. Drawer 510, Dermott AR 71638
(501) 538-3288

Counsel for Appellee
Steve Weaver
Department of Pollution Control and Ecology
P.O. Box 8913, Little Rock AR 71638
(501) 562-7444

Before RICHARD S. ARNOLD, Chief Judge, and FAGG and MAGILL, Circuit Judges.