Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided March 1, 1989Published

1Opinion of the Court

The Honorable Charlie Cole Chaffin State Senator Route 3, Box 1057 Benton, AR 72015

Dear Senator Chaffin:

This is in response to your request for an opinion on the constitutionality of a proposed bill to regulate the transporting and depositing of solid waste in Arkansas landfills. The bill regulates only waste transported more than one hundred miles, whether interstate or intrastate. Specifically, you are concerned primarily that the bill may violate the interstate commerce clause of the United States Constitution.

It is my opinion that the bill places an impermissible direct burden on…

2Cases cited16 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. Parker v. BrownSupreme Court of the United States · 1943
  3. City of Philadelphia v. New JerseySupreme Court of the United States · 1978
  4. Welton v. MissouriSupreme Court of the United States · 1876
  5. Reeves, Inc. v. StakeSupreme Court of the United States · 1980

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