Find Court Cases > Philadelphia v. New Jersey

Philadelphia v. New Jersey

Case Date: 11/03/1976
Docket No: none

Facts of the Case 

A New Jersey statute prohibited the importation of solid or liquid waste into the state, except for garbage for swine feed. The City of Philadelphia challenged the statute, alleging it was unconstitutional under the Commerce clause of Article I and pre-empted by the Solid Waste Disposal Act of 1965. The New Jersey Supreme Court upheld the statute. Congress then passed the Resource Conservation and Recovery Act of 1976.

Question 

(1) Does the Solid Waste Disposal Act of 1965 pre-empt the New Jersey statute?

(2) Does the New Jersey's statute violate the Commerce Clause of Article I of the Constitution?

Argument Philadelphia v. New Jersey - Oral ArgumentFull Transcript Text  Download MP3Philadelphia v. New Jersey - Opinion Announcement  Download MP3 Conclusion  Decision: 5 votes for Philadelphia, 4 vote(s) against Legal provision:

Perhaps and not addressed. In a 5-4 per curiam opinion, the Court held that the pre-emption question "should be resolved before the constitutional issue." Since that question "depends primarily on statutory and not constitutional interpretation" of the 1976 Act, the case was remanded to the New Jersey Supreme Court.