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This section contains the nature of the case and procedural background.

Oregon (D) comprehensively regulates the disposal of solid wastes within its borders. The Oregon Legislature imposed an additional fee, called a 'surcharge,' on 'every person who disposes of solid waste generated out-of-state in a disposal site or regional disposal site.' The fee charged was to 'be based on the costs to D and its political subdivisions of disposing of solid waste generated out-of-state which are not otherwise paid for' under specified statutes. The fee on the in-state disposal of waste generated within Oregon is capped by statute at $0.85 per ton. The fee imposed on waste from other States included the $0.85 per ton fee to out-of-state waste, in addition to the $2.25 per ton surcharge. Thus, out-of-state solid waste currently are being charged $3.10 per ton, but they would get a $0.85 per ton rebate if the surcharge is upheld. P challenged the law. The Oregon Court of Appeals upheld the statutes and rule. The State Supreme Court affirmed. The court reasoned the Oregon surcharge is not facially discriminatory 'because of [its] express nexus to actual costs incurred [by state and local government].' The Supreme Court granted certiorari.

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