The dormant Commerce Clause prevents a state from attempting to regulate transactions occurring in another state even if those transactions affect the state attempting to regulate them. Applying that principle, this decision holds that the district court correctly granted plaintiff a preliminary injunction against enforcement of California’s Medical Waste Management Act (H&S Code 117600-11830) insofar as that Act purported to prohibit plaintiff from gathering medical waste in California and then shipping it to another state for disposal in compliance with that state’s law, but not by the only means California law permits—incineration.
Ninth Circuit Court of Appeals (Fernandez, J); May 2, 2018; 2018 U.S. App. LEXIS 11295