Court of Appeals of New York
CWM Chem. Servs., L.L.C. v. Roth, 3
Because the State Superfund's disposal tax, part of the statutory financing scheme for the cleanup of inactive hazardous waste disposal sites, unlawfully discriminates against interstate commerce and thus violates the Commerce Clause of the U.S. Constitution, the disposal tax, ECL section 27-0923(2), is stricken in its entirety so as to do the least damage to the overall statutory design.
Appellate Information
- Decided 03/23/2006
- Published 03/23/2006
Judges
Court
- Court of Appeals of New York