state, would be subject to the legislative approval requirements of the Initiated Measure. Any legislative approval which might be given would then in turn be subject to the referendum process. Since the time S.B. 169 was voted on by the South Dakota Legislature, the Big Stone power plant in Big Stone City, South Dakota, applied for legislative approval pursuant to the Initiated Measure. Legislative approval was granted and the bill became effective law without an intervening referendum. See SDCL 34A-6-105. Although the size of the Big Stone plant is not mentioned by either party, the plant would have to dispose of in excess of 200,000 tons of solid waste annually in epartment of Pollution Control & Ecology, (In re Southeast Arkansas Landfill, Inc.), 981 F.2d 372, 373-77 (8th Cir.1992) (<HOLDING>). In addition, if the Referendum discriminates
holding that ordinance requiring all municipal solid waste generated within county to be delivered to a particular facility discriminated against interstate commerce holding that merely because some instate outofcounty waste would also be discriminated against does not render the law valid under the commerce clause holding that tavern that  purchased beer from outofstate vendor satisfied interstate commerce requirement in criminal explosives statute holding that a new jersey statute prohibiting the importation of waste materials into the state violated the negative commerce clause holding that an arkansas statute discriminated against interstate commerce by banning the importation of most outofstate waste even though a small amount of outofstate waste was allowed into arkansas under the statute