Legal Opinion
CWM Chemical Services, L.L.C. v. Roth
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2004PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Martoche, J.
Plaintiff commenced this action seeking, inter alia, a declaration that section 27-0923 of the New York Environmental Conservation Law (ECL) violates the “dormant” Commerce Clause of the United States Constitution (Commerce Clause) (US Const, art I, § 8 [3]) and thereafter moved for summary judgment. Supreme Court granted plaintiffs motion in part, declaring section 27-0923 (3) (c) is invalid, unenforceable and facially discriminatory in violation of the Commerce Clause “insofar as it exempts from taxation hazardous waste resulting from remediation of in-state…
2Cases cited17 opinions
- Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
- McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business RegulationSupreme Court of the United States · 1990
- Chemical Waste Management, Inc. v. HuntSupreme Court of the United States · 1992
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3Cited by2 opinions
- CWM Chemical Services v. RothNew York Court of Appeals · 2006
- Red Hook/Gowanus Chamber of Commerce v. New York City Board of StandardsAppellate Division of the Supreme Court of the State of New York · 2005