A Comparative Analysis of Internal Controls on the Transfer of Waste Within the E.U. and U.S.

Authors

• Christopher J. Foreman, Akin, Gump, Strauss, Hauer, Feld & Dassesse

Abstract

The article examines the legal frameworks governing the interstate and international movement of waste, focusing on the tension between environmental protection and free trade. It highlights how the U.S. Supreme Court has consistently struck down state laws that discriminate against out-of-state waste under the Commerce Clause, emphasizing the need for nondiscriminatory solutions. In contrast, the European Union prioritizes environmental protection and self-sufficiency, allowing restrictions on waste movement under specific conditions. The article suggests that a more coherent framework is needed to balance these competing interests effectively.

Disciplines

Constitutional Law | Environmental Law | Law | State and Local Government Law

Recommended Citation

Christopher J. Foreman, A Comparative Analysis of Internal Controls on the Transfer of Waste Within the E.U. and U.S., 3 Cardozo J. Int'l & Comp. L. 251 (1995).
Available at: https://larc.cardozo.yu.edu/cjicl/vol3/iss2/3