The Politics of Trash: Solid Waste Disposal, the Interstate Commerce Clause, and Congress

Abstract

The generation of increasing amounts of solid waste and the resulting interstate shipment of refuse to other parts of the nation for disposal have become not only a major environmental concern but also a serious political issue that remains unresolved. This paper examines the public policy process which has produced only “nondecisions.” It surveys efforts of various states to resist becoming dumping grounds for other states' garbage and reviews the position of the national courts that individual states cannot ban out‐of‐state trash in violation of the dormant Commerce Clause, in effect erecting barriers to the effective functioning of a national economy. Finally, the study considers reasons why attempts in the Congress to regulate the interstate shipment of solid waste have thus far proved unsuccessful.