Nuclear Metals, Inc. v. Mayer

The plaintiff, Nuclear Metals, Inc. (NMI), seeks a declaration pursuant to G.L.c. 231A that the statutory assessment charged it by the defendant, Massachusetts Low-Level Radioactive Waste Management Board (Board), is unconstitutional either because it is a tax or because it violates the Commerce Clause of the United States Constitution. NMI also seeks a declaration that the assessment scheme is violative of the due process clause of the United States Constitution because the statute and regulations fail to provide for a hearing prior to notice of a violation. Finally, NMI challenges the…