Civil Litigation,
Government,
9th U.S. Circuit Court of Appeals
May 3, 2018
9th Circuit stops California agency from regulating out-of-state actions
A federal appellate court panel has ruled that California overstepped its authority by attempting to regulate the out-of-state disposal of medical sharps from a facility in Fresno.
A federal appellate court panel has ruled California overstepped its authority by attempting to regulate the out-of-state disposal of medical sharps from a facility in Fresno.
In the underlying litigation, a federal judge enjoined the state Department of Public Health from enforcing the California Medical Waste Management Act against Daniels Sharpsmart Inc.
State law requires companies incinerate ...
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Constitutional Law
Daniels Sharpsmart v. Smith
Dormant Commerce Clause prohibits state agency from reaching beyond the borders of California to enforce its regulations