United States Ninth Circuit

In this action alleging that defendant Alameda County's Safe Drug Disposal Ordinance (SDDO) violated the dormant Commerce Clause, summary judgment in favor of defendant Alameda County is affirmed, where: 1) the SDDO does not discriminate on its face and in effect because it applies to all manufacturers that make their drugs available in the County, without respect to geographic location; 2) the SDDO does not regulate interstate commerce because it does not control conduct beyond County borders; and 3) plaintiffs provided no evidence that the SDDO will affect the interstate flow of goods.

Appellate Information

• Decided 09/30/2014
• Published 09/30/2014

Judges

• Smith

Court

• United States Ninth Circuit

Counsel