Commerce Clause Discussion :  State of Alpha

Consider Commerce Clause, Dormant Commerce Clause, Supremacy & Preemption issues

Golden is a privately-owned company engaged in the business of disposing toxic waste generated by mining companies.  Golden operates pursuant to a license issued by the state of Alpha. This license authorizes Golden to contract with miners to provide the following services: (i) collection of toxic waste at mine sites, and (ii) transportation of that waste to Golden’s disposal station, which is in the State of Alpha, three miles from the border with the state of Beta.

In accordance with the authority granted by its license for the past 10 years Golden has contracted to provide services to miners in Alpha. Recently, Golden expanded its business to serve the miners in Beta and the emerging battery businesses across the border in Beta.

Shortly after Golden extended its services to the Beta miners and plants, the residents of the town from which the toxic waste disposal station operates started complaining about the rash of skin irritations, and increased illness.

Prior to Golden’s expansion of service to the State of Beta miners and the battery business, the U.S. Congress has passed legislation promulgating standards for safe disposal of toxic materials including batteries.

The residents petitioned the State of Alpha to close Golden’s disposal station. Golden objected. The Commissioner held open hearings.  Following the hearings, the state issued an order that the use of Golden’s disposal station would be limited to toxic waste from Alpha miners only. The Beta miners and battery businesses were barred from disposing of their toxic waste through Golden.

Both Golden and the State of Beta have filed suit against State of Alpha seeking to rescind the order. This and the following discussions will develop a F-IRAC for the constitutional legal issues related to the Commerce Clause, the Dormant Commerce Clause, Supremacy and Preemption.

POST: Provide an introductory paragraph which provides a summary of the fact pattern in your own words. Then in a second paragraph properly identify the ISSUE: in a single sentence written as a question.

Commerce Clause Discussion :  State of Alpha Answer

Golden is a privately-owned company engaged in the business of disposing toxic waste coming from the mining companies in the state of Alpha. It had been servicing the mining companies in the state of Alpha for the past 10 years. Lately, the company expanded its business to cater miners in the state of Beta. Shortly after serving the state of Beta, residents of the State of Alpha complained about rash of skin irritation and increased illness.