Alabama law imposes a fee of $97.60 per ton for hazardous waste generated outside the state and disposed of at a commercial facility in Alabama. The fee for hazardous wastes generated within Alabama is $25.60 per ton. Chemical Waste Management, Inc., which operates a commercial hazardous waste land disposal facility in Emelle, Alabama, filed suit requesting a declaratory judgment that the Alabama law violated the Commerce Clause of the U.S. Constitution.
Alabama argued that the additional fee of $72.00 served a legitimate local purpose related to its citizens’ health and safety, given recent large increases in the hazardous waste received into the state and the possible adverse effects of such waste Judgment? Explain.
