In 1997, the Third Circuit Court of Appeals found that New Jersey's flow control regulations, which managed its disposal of solid waste, discriminated against out-of-state facilities in violation of the Commerce Clause. Following this decision, the New Jersey Department of Environmental Protection suggested the Environmental Investment Charge as an option available to local agencies in competing with private solid waste operators. This Comment reviews the theory behind challenges to the Environmental Investment Charge assessments and the legality of Environmental Investment Charges. Specifically, this Comment discusses the challenges filed by two New Jersey counties in response to the imposition of Environmental Investment Charges. The author concludes that the Environmental Investment Charges are an illegal tax and should be found unconstitutional by the New Jersey state courts.
Recommended CitationChristine LaRocca, New Jersey's Solid Waste Flow Control Regulations Have Been Trashed: Are Environmental Investment Charges the Answer?, 17 Pace Envtl. L. Rev. 123 (1999)
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