Chemical Waste Management, Inc. v. Paul H. Templet, ph.d., Secretary of the Louisiana Department of Environmental Quality

REAVLEY, Circuit Judge:

Louisiana prohibits the importation, storage, treatment, and disposal on Louisiana soil of hazardous wastes that are generated in foreign nations. La.Rev.Stat. Ann. §§ 30:2190-91 (West 1989). The district court declared that these statutes are unconstitutional intrusions on Congress’ dormant commerce power. Chemical Waste Management, Inc. v. Templet, 770 F.Supp. 1142, 1153 (M.D.La.1991). The Supreme Court recently held that the Commerce Clause prohibits Alabama from exacting a greater hazardous-waste-disposal tax for hazardous materials generated outside Alabama than it…