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0 tracked cards Constitutional Law

Congress enacted a landfill-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, any state facing certified landfill shortages may impose a surcharge on nonhazardous solid waste shipped from another state for disposal. State E received the required federal certification and imposed a surcharge only on waste generated outside State E. The surcharge revenue is used to expand landfill capacity and monitor groundwater.
An out-of-state waste hauler challenges the surcharge solely under the dormant Commerce Clause. Which statement is most accurate?

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The surcharge is valid automatically because the state describes it as an environmental fee. The surcharge is valid only if every neighboring state adopts the same surcharge. The surcharge is valid against a dormant Commerce Clause challenge if Congress unmistakably authorized states to impose that kind of discriminatory burden, though other constitutional limits may still apply. The surcharge is invalid because landfill capacity is always a purely local matter outside congressional power.

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