The Waste Import Restrictions of Michigans Solid Waste Management Act (SWMA) provide that solid waste generated in another county, State, or country cannot be accepted for disposal unless explicitly authorized in the receiving countys plan. After St. Clair County, whose plan does not include such authorization, denied petitioner companys 1989 application for authority to accept out-of-state waste at its landfill, petitioner filed this action seeking a judgment declaring the Waste Import Restrictions invalid under the Commerce Clause and enjoining their enforcement. The District Court dismissed the complaint, and the Court of Appeals affirmed. The latter court found no facial discrimination against interstate commerce, because the statute does not treat out-of-county waste from Michigan any differently than waste from other States. The court also ruled that there was no actual discrimination, because petitioner had not alleged that all Michigan counties ban out-of-state waste.

Held:

The Waste Import Restrictions unambiguously discriminate a