Page:NPPC v. Ross.pdf/45

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Cite as: 598 U. S. ____ (2023)
5

Opinion of Roberts, C. J.

that case, we considered an Illinois law requiring that trucks and trailers use a particular kind of mudguard. The “cost of installing” the mudguards was “$30 or more per vehicle,” amounting to “$4,500 to $45,840” for the trucking companies at issue. Id., at 525. But beyond documenting those direct costs of complying with the Illinois law, we also noted other derivative harms flowing from the regulation. The mudguard rule threatened “significant delay in an operation where prompt movement may be of the essence.” Id., at 527. Also, changing mudguard types when crossing into Illinois from a State with a different standard would require “two to four hours of labor” and could prove “exceedingly dangerous.” Ibid. We concluded that “[c]ost taken into consideration” together with those “other factors” could constitute a burden on interstate commerce. Id., at 526 (emphasis added). Subsequent cases followed Bibb’s logic by analyzing economic impact to the interstate market separately from immediate costs of compliance. See Kassel v. Consolidated Freightways Corp. of Del., 450 U. S. 662, 674 (1981) (plurality opinion) (separating “increas[ed] … costs” from the fact that the challenged “law may aggravate … the problem of highway accidents” in describing the burden on interstate commerce); Raymond Motor Transp., Inc. v. Rice, 434 U. S. 429, 445, and n. 21 (1978) (analyzing an increase in “cost” independently of other consequential effects, such as “slow[ing] the movement of goods”).

Pike itself did not conflate harms to the interstate market with compliance costs. In Pike, we analyzed an Arizona law requiring that cantaloupes grown in the State be packed prior to shipment across state lines. 397 U. S., at 138. We noted repeatedly that the regulation would require the appellee to construct an unneeded packing facility in Arizona at a cost of $200,000. Id., at 140, 144, 145. But we considered that cost together with the “nature” of a regulation “requiring business operations to be performed in the home