Question

Which of the following laws was held not to be in violation of the dormant commerce clause for unfairly discriminating against out-of-state interests?

a. an environmental law prohibiting milk from being packaged in plastic containers when the result was a benefit to the large paper industry of the state
b. the burden on interstate commerce in relation to local necessity.
c. the amount of the tax

Answer 1

The dormant commerce clause is intended to prevent states from enacting laws that unfairly discriminate against out-of-state interests. A state environmental law that benefits local industry might not violate the clause if it serves a legitimate local interest that outweighs its impact on interstate commerce so the correct answer is option (b).

Step-by-step explanation:

The dormant commerce clause is a legal principle that is derived from the Commerce Clause in the U.S. Constitution. It is used to prohibit a state from passing legislation that improperly discriminates against interstate commerce. The dormant commerce clause implies that because Congress has been granted power over interstate commerce, states cannot enact laws that would unduly burden or interfere with interstate trade.

Environmental laws, such as one prohibiting milk from being packaged in plastic containers to benefit a state's large paper industry, could potentially be found not in violation of the dormant commerce clause, if the state can demonstrate a legitimate local interest that outweighs the law's burden on interstate commerce. This could be the case, for instance, if the law is aimed at reducing environmental damage and happens to incidentally benefit local industry.