The City of Virginia Beach declared by municipal ordinance that it would no longer accept waste from North Carolina. A waste hauler from North Carolina sued, arguing violation of the Commerce Clause. The City of Virginia beach loses most likely because why?

Select one:

a.

The ordinance is facially discriminatory, and the City of Virginia Beach (under its state authority to make ordinances) cannot establish that the state of Virginia has a compelling interest in barring out of state refuse

b.

The ordinance fails to pass a balancing test regarding the commercial value of North Carolina waste

c.

The ordinance interferes with the Commonwealth of Virginia's state authority to regulate interstate waste hauling