Can the DNR prevent a landfill operator from importing waste in Wisconsin?
The U.S. Constitution forbids states from placing undue burdens on interstate commerce. Courts have consistently ruled that this means landfill operators generally have the right to accept waste from out-of-state for disposal in Wisconsin landfills. Sometimes local negotiated agreements contain restrictions on the sources of waste that the landfill operator has agreed to during the negotiation process, but the DNR cannot impose such a restriction on a landfill operation.
