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WYOMING v. OKLAHOMA Syllabus

enues due to federal agency actions, see, e. g., Pennsylvania v. Kleppe, 533 F. 2d 668, do not involve a direct injury in the form of a loss of specific tax revenues and thus are not analogous to this case. And the type of direct injury suffered by Wyoming is cognizable in a Commerce Clause action, since Wyoming’s severance tax revenues are directly linked to its coal’s extraction and sale and have been demonstrably affected by the Act. See Hunt v. Washington State Apple Advertising Comm’n, 432 U. S. 333, 345. Oklahoma v. Atchison, T. & S. F. R. Co., 220 U. S. 277, 287–289, and Louisiana v. Texas, 176 U. S. 1, 16–22, distinguished. Pp. 446–450. 2. This is an appropriate case for the exercise of this Court’s original jurisdiction. Wyoming’s Commerce Clause challenge “implicates serious and important concerns of federalism” in accord with the purpose and reach of original jurisdiction. Maryland v. Louisiana, supra, at 744. In addition, there is no other forum in which Wyoming’s interests will find appropriate hearing and full relief. There is no pending action to which adjudication could be deferred on this issue, since the mining companies themselves have not brought suit. Even if such an action were proceeding, Wyoming’s interests would not be directly represented. See Maryland v. Louisiana, supra, at 743. Oklahoma’s suggestion that Wyoming’s interest is de minimis because the loss in severance tax revenues attributable to the Act is less than 1% of total taxes collected is rejected. Wyoming coal is a natural resource of great value primarily carried into other States for use, and Wyoming derives significant revenue from this interstate movement. The Act’s practical effect must be evaluated not only by considering the consequences of the Act itself, but also by considering what effect would arise if many States or every State adopted similar legislation. Healy v. Beer Institute, 491 U. S. 324, 336. Pp. 450–454. 3. The Act is invalid under the Commerce Clause because it discriminates against interstate commerce and Oklahoma has advanced no purposes to justify such discrimination. The Act purports to exclude coal mined from other States based solely on its origin and, thus, discriminates both on its face and in practical effect. The small volume of commerce affected by the Act measures only the extent of the discrimination but is not relevant in determining whether there has been discrimination. Additionally, Oklahoma has not justified the discrimination in terms of the Act’s local benefits and the unavailability of nondiscriminatory alternatives adequate to preserve those interests. Its argument that sustaining the Oklahoma coal-mining industry lessens the State’s reliance on a single source of coal delivered over a single rail line is foreclosed by the reasoning in Baldwin v. G. A. F. Seelig, Inc., 294 U. S. 511, and H. P. Hood & Sons, Inc. v. Du Mond, 336 U. S. 525.