At least Ohio, Pennsylvania and Kentucky are considering legal changes to make it more difficult to import out-of-state waste.
Most states have become more reluctant to allow new toxic waste sites in recent years, and several have tried to curb imports of out-of-state waste.
However, Oregon's surcharge of $2.25 for out-of-state waste compared with a surcharge of $0.85 on in-state waste was determined facially discriminatory.
Citing a previous case, the Supreme Court indicated that such surcharges may be acceptable if they were based on increased costs specifically associated with out-of-state waste.
Failure to stockpile now will result in catastrophe later, as other states follow the example of New Jersey and protect themselves from out-of-state wastes.
Louisiana has approved legislation that imposes a stiff tax on out-of-state hazardous waste and even stiffer taxes on waste from states without their own disposal resources.
He also said the state guaranteed that no out-of-state waste would ever be accepted for storage.
In Indiana, the amount of out-of-state waste disposed of two years ago was minimal.
The industry group representing waste disposers opposes legislation to permit interstate waste bans or higher fees for disposing of out-of-state waste.
The legislature then imposed confiscatory taxes on out-of-state waste, setting in motion a chain of events that is still unfurling, with surprising and tragic reverberations.
