BA621-L2A7 - February 1, 2010 May 21, 2010 BA621 Business...

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February 1, 2010 – May 21, 2010 BA621 Business Law Lesson #2 Assignment #7 This case (page 117-118 of your text) provides an example of how the Court applies the two- pronged test under the Commerce Clause. The Court applied this test to legislation Oregon passed that imposed a $.85 per-ton fee on in-state disposal of solid wastes generated within Oregon, and a $2.25 per ton disposal charge on wastes generated outside the state. The issue was whether the surcharge violated the Commerce Clause by favoring in-state economic interests over those out-of-state parties who would have to pay the higher surcharge. After applying the two-pronged test, the majority decided that the legislation did violate the Commerce Clause. The majority said that the surcharge was discriminatory on its face. They rejected Oregon’s argument that the surcharge was valid because it recouped the costs of disposing of out-of- state waste in Oregon. Oregon failed to show the surcharge advanced a legitimate purpose that could not be served by reasonable nondiscriminatory alternatives. For discriminatory restrictions on interstate commerce, the legislation must pass "strict scrutiny" and this legislation did not. Answer the following questions (from page 119 of your text). 1) Once a surcharge is found to be discriminatory under the Commerce Clause, it can still
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This note was uploaded on 05/06/2010 for the course BA LMA01 taught by Professor Weinstein during the Spring '10 term at Antelope Valley College.

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BA621-L2A7 - February 1, 2010 May 21, 2010 BA621 Business...

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