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Chemical Waste Management, Inc. v. Templet

ELR Citation: 22 ELR 21531
Nos. No. 91-3693, 967 F.2d 1058/35 ERC 1414/(5th Cir., 08/10/1992) Aff'd

The court upholds a district court ruling that Louisiana statutes banning the import of hazardous waste from foreign countries violate the Commerce Clause of the U.S. Constitution. The court holds that it must affirm the district court's decision in light of the U.S. Supreme Court's 1992 decision in Chemical Waste Management, Inc. v. Hunt, 22 ELR 20909, which held that the Commerce Clause prohibits Alabama from exacting a greater hazardous waste disposal tax for hazardous materials generated outside Alabama than it does for those generated in-state. The court also holds that the U.S. Environmental Protection Agency's authorization of Louisiana's hazardous waste program as a replacement for federal minimum standards is not tantamount to a valid exercise of Congress' commerce power. Congress may permit states to legislate in derogation of interstate commerce only with an unmistakably clear expression of approval.

[The district court's decision is published at 22 ELR 20621.]

Counsel for Plaintiff-Appellee
Gerald Walter
Schwab & Walter
10636 Linkwood Ct., Baton Rouge LA 70810
(504) 767-1460

Counsel for Defendant-Appellant
Meredith Lieux
Legal Division
P.O. Box 82282, Baton Rouge LA 70884
(504) 765-0236

Before REAVLEY, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.