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Keywords

statuteappealhazardous waste
statuteappealhazardous waste

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Chemical Waste Management, Inc. v. Templet, 967 F.2d 1058, 35 ERC 1414, 14 ITRD 2015, 22 Envtl. L. Rep. 21,531

Facts

The case arose when the operator of a hazardous waste disposal facility filed an action against the Secretary of the Louisiana Department of Environmental Quality, contesting the constitutionality of Louisiana's laws that prohibited the importation, storage, treatment, and disposal of hazardous waste generated in foreign nations. The district court ruled that these statutes intruded upon Congress' dormant commerce power, prompting an appeal from the Secretary.

The case arose when the operator of a hazardous waste disposal facility filed an action against the Secretary of the Louisiana Department of Environmental Quality, contesting the constitutionality of Louisiana's laws that prohibited the importation, storage, treatment, and disposal of hazardous waste generated in foreign nations.

Issue

Did Louisiana's statutory prohibition against the importation, storage, treatment, and disposal of hazardous waste generated in foreign nations violate the dormant commerce power?

Did Louisiana's statutory prohibition against importation, storage, treatment, and disposal of hazardous waste generated in foreign nations violate dormant commerce power?

Rule

The dormant commerce power prohibits states from enacting legislation that discriminates against or excessively burdens interstate commerce unless there is unmistakably clear congressional approval.

The dormant commerce power prohibits states from enacting legislation that discriminates against or excessively burdens interstate commerce unless there is unmistakably clear congressional approval.

Analysis

The court applied the rule by examining whether Louisiana's statutes were an unconstitutional burden on interstate commerce. It referenced the Supreme Court's decision in Chemical Waste Management, Inc. v. Hunt, which established that states cannot impose greater burdens on out-of-state waste than on in-state waste. The court found that Louisiana failed to provide evidence of congressional intent to allow such state legislation that would burden interstate commerce.

The court applied the rule by examining whether Louisiana's statutes were an unconstitutional burden on interstate commerce.

Conclusion

The Court of Appeals affirmed the district court's ruling, concluding that Louisiana's statutes were unconstitutional as they violated the dormant commerce power.

The Court of Appeals affirmed the district court's ruling, concluding that Louisiana's statutes were unconstitutional as they violated the dormant commerce power.

Who won?

Chemical Waste Management, Inc. prevailed in the case because the court found that Louisiana's prohibition on foreign hazardous waste was an unconstitutional burden on interstate commerce.

Chemical Waste Management, Inc. prevailed in the case because the court found that Louisiana's prohibition on foreign hazardous waste was an unconstitutional burden on interstate commerce.

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