Norfolk Southern Corp. v. Oberly’s Empirical Analysis
822 F.2d 388 · 1987
Citation profile
28 federal appellate · 26 district · 5 state decisions
How this case has been cited
Cited by 83 later decisions — most recently April 2019 · most notably Tri-M Group, LLC v. Sharp (2011), National Paint Coatings Association v. City of Chicago
28 federal appellate · 26 district · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 12 U.S.C. § 1701U · 15 U.S.C. § 1011 (§ 1 of the McCarran-Ferguson Act) · 16 U.S.C. § 1451 (Coastal and Estuarine Land Conservation Program Act) · 16 U.S.C. § 1452 · 16 U.S.C. § 1455 · 16 U.S.C. § 1455A · 16 U.S.C. § 1456
Relies on Celotex Corporation v. Catrett H · Hunt v. Washington State Apple Advertising Commission · Pike v. Bruce Church, Inc. · Minnesota v. Clover Leaf Creamery Co. · Complete Auto Transit, Inc. v. Brady
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he 'incidental burden on interstate commerce' appropriately considered in Commerce Clause balancing is the degree to which state action incidentally discriminates against interstate commerce relative to intrastate commerce. It is a comparative measure.”
6 later decisions quote this exact passage · from the majority“incidental burden on interstate commerce”
5 later decisions quote this exact passage · from the majority“[o]rdinaty household, municipal, institutional, commercial and industrial solid waste,” and excludes hazardous waste. 4 . RWS charged (as of July 1, 1992) forty-three dollars per ton for municipal solid waste and sixty-one dollars per ton for commercial solid waste. The tipping fees at MERC for the same time period ranged from twenty-six to thirty-five dollars per ton. 5 . "The dormant Commerce Clause, as the term 'dormant' implies, limits the powers of the States in areas where Congress has not affirmatively acted to either authorize or forbid the challenged state activity.”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.