United States Sixth Circuit

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STATE OF TENNESSEE v. US DEP'T OF TRANSP., 01-5373

The procedure used by the U.S. Department of Transportation, in disallowing an annual fee imposed by Tennessee on interstate hazardous waste transporters, fell within the rule-making process and was a constitutionally valid method of enforcement of federal legislation implementing the Commerce Clause.

Appellate Information

  • Decided 04/23/2003
  • Published 04/23/2003

Judges

  • Before:  SILER, DAUGHTREY, and GILMAN, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Barry Turner (argued and briefed), Office of the Attorney General, Environmental Div., Nashville, TN, for Plaintiffs-Appellants., Lawrence W. Bierlein (briefed), McCarthy, Sweeney & Harkaway, Washington, DC, for Amici Curiae.

  • For Appellees:
  • Michael L. Roden, Asst. U.S. Atty., Nashville, TN, Mark B. Stern (briefed), Michael S. Raab (argued and briefed), United States Department of Justice, Civil Div., Appellate Section, Washington, DC, Peter J. Plocki (briefed), Office of General Counsel, United States Department of Transportation, Office of the General Counsel, Washington, DC, Frazer C. Hilder (briefed), United States Department of Transportation, Research and Special Programs Administration, Washington, DC, Grant C. Glassford (briefed), James E. Gaylord (briefed), Stokes, Bartholomew, Evans & Petree, Nashville, TN, for Defendants-Appellees.