GCC Commerce Clause Discussion Assignment

GCC Commerce Clause Discussion Assignment

Instructions/Descriptions

GCC Commerce Clause Discussion Assignment

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 Goldin’s disposal station, which is in the State of Alpha, three miles from the border with the state of Beta.]

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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 Goldin’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.

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The residents petitioned the State of Alpha to close Goldin’s disposal station. Golden objected. The Commissioner held open hearings.  Following the hearings, the state issued an order that the use of Goldin’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. Develop a F-IRAC for the constitutional legal issues related to the Commerce Clause, the Dormant Commerce Clause, Supremacy and Preemption.

Instructions:

Post: Properly label your post as ANALYSIS: or you may label your post as APPLICATION:  Within this same post write your CONCLUSION:  This Analysis post written in paragraph form often requiring several paragraphs. The Conclusion is a single sentence.

The first paragraph of your analysis or application is a fact summary which is written in your own words describing without prejudice the facts of this case which you will us in your analysis. Too brief of a summary will like result in your inability to offer a complete analysis.

The body of the analysis often starts with a brief statement that a party (provide the name) has challenged an action of a governmental body (name the government, state) and provide the protection sought or broken. This is immediately followed with the statement that this case requires a review of…. (Usually the relevant constitutional provisions), prior case laws and current facts.

Systematically approach the legal theory issues (rules) how they have been interpreted by prior court cases (how were those cases similar or different) and which of our facts is being being viewed in light of that rule.

For purposes of this discussion only, you must cite at least one relevant case in your analysis. Later you will be expected to use cases relevant to all issues.

The CONCLUSION:   The conclusion is a single sentence which answers the question raised in the issue statement (if your issue statement did not pick up the correct issue make correction here in your conclusion) and because statement or a when statement.  I.e. State violated persons right when….

GCC Commerce Clause Discussion Assignment

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