Some State [Dormant] Commerce

Question 1

Benjamin

Answer 1

Congress may authorize the states to pass laws that would otherwise violate the dormant Commerce Clause.

Question 2

Pacific Gas

Answer 2

Black Letter Rule

A state law inconsistent with federal law will be preempted,

but whether a state law is inconsistent with federal law often depends on the court’s characterization of the laws.

Its expensive to dispose of the waste because it is not safe [therefore curious as to why the justices did not mention safety in the state law]. Federal statute is setting the minimum standard, and State can make it stronger.

Question 3

National Pork Producers

Answer 3

It’s really hard to show that a non-discriminatory state law violates the dormant commerce clause merely because of burden on interstate commerce.

Question 4

What is the difference between preemption, dormant commerce clause & commerce issues?

Answer 4

Commerce clause issues are always beef w/ FEDERAL law

Preemption issues are beef BETWEEN Fed & State

Dormant Commerce clause issues are always beef w/ STATE law