[Congressional Record (Bound Edition), Volume 147 (2001), Part 8]
[House]
[Page 11027]
[From the U.S. Government Publishing Office, www.gpo.gov]



        CONGRESSIONAL ACTION NEEDED REGARDING OUT-OF-STATE WASTE

  (Mrs. JO ANN DAVIS of Virginia asked and was given permission to 
address the House for 1 minute and to revise and extend her remarks.)
  Mrs. JO ANN DAVIS of Virginia. Madam Speaker, I rise today to note 
the recent decision of the Fourth Circuit Court of Appeals upholding 
the district court opinion that Virginia cannot limit out-of-State 
waste coming into its borders because such restrictions violate the 
Commerce Clause of the Constitution. This court decision makes the 
necessity of Congress passing interstate waste legislation all the more 
urgent and compelling.
  With the determination of the courts that State regulation of the 
interstate hauling of garbage violates the Commerce Clause, it is now 
time for Congress to specifically empower States to curb the amount of 
trash coming into landfills from outside the State.
  The natural beauty of Virginia should not be degraded by out-of-State 
trash so that out-of-State haulers and trucking companies can reap 
benefits. Virginians have spoken on this issue and legislation was 
consequently passed and signed by the Governor that restricted the 
entrance of interstate waste into the Commonwealth, but then was struck 
down by the Federal courts.
  Congress needs to act now to return this issue back to the States 
where the voices of the people can be heard.

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