Question

Consider Commerce Clause, Dormant Commerce Clause, Supremacy & Preemption legal theory Golden is a privately-owned company engaged in the business of disposing toxic waste generated by mining companies. Golden operates pursuant to a license issued by the state of Alpha. This license authorizes Golden to contract with miners to provide the following services: (i) collection of toxic waste at mine sites, and (ii) transportation of that waste to Golden's disposal station, which is in Alpha, three miles from the border with the state of Beta. In accordance with the authority granted by its license for the past 10 years Golden has contracted to provide services to miners in Alpha. Recently, Golden expanded its business to serve the miners in Beta and emerging battery businesses across the border in Beta. Shortly after Golden extended its services to the Beta miners and plants, the residents of the town from which the toxic waste disposal station operates started complaining about the rash of skin irritations, and increased illness. Prior to Golden's expansion of service to the State of Beta miners and the battery business, the U.S. Congress has passed legislation promulgating standards for safe disposal of toxic materials including batteries. The residents petitioned the State of Alpha to close Golden's disposal station. Golden objected. The Commissioner held open hearings. Following the hearings, the state issued an order that the use of Golden's disposal station would be limited to toxic waste from Alpha miners only. The Beta miners and battery businesses were barred from disposing of their toxic waste through Golden. Both Golden and the State of Beta have filed suit against State of Alpha seeking to rescind the order. Develop an IRAC for the constitutional legal issues. Use proper labels for all parts of IRAC ISSUE: Single sentence which links parties and legal issue through a triggering fact. RULE: Start with a General rule statement and expand outward to include elements of each rule. This may take several paragraphs to present a logical and clear progression of the rule. ANALYSIS: Present a fact summary which allows you to develop your analysis of how the rules and elements of law apply to the facts of this case. This is a logical process proceeding through rules and facts so that there is a thorough understanding of the application of law. Prior case law is cited and explained to support your analysis. CONCLUSION: A single sentence answering the question raised in the Issue Statement along with a because statement which provides a fact pivotal to the conclusion of legal application.

Answer 1

ISSUE: Can the order passed by the commission based on the U.S. Congress be rescinded?

RULE= the common rule in the given case is that the laws and legislation passed by Congress will be the basic foundation of any kind of decision in the country. The court has to decide any type of decision depending on the laws framed and passed by Congress. Congress has the right to control the commercial activities between the states.

ANALYSIS: A company Golden operates in the state of Alpha. The company is involved in the collection of toxic waste at mine sites, and transportation of that waste to Golden's disposal station situated in Alpha. The company has expanded its operations in the city of Beta and after that, the residents of the city started complaining about the rash of skin irritations and increased illness. Before the expansion of the company's operations in Beta,  the U.S. Congress has passed legislation promulgating standards for safe disposal of toxic materials including batteries. Depending pon this law, the residents of Beta filed a case against the company and won by the verdict provided by The Commissioner in an open hearing. The company and the State of Alpha filed the case against this ruling.

Conclusion= If we look at the governing principle, then it is clear that the rule and laws made by Congress are the supreme laws that have to be followed by the court, and thus the plea of the company and State of Alpha will be rejected as the COngress has the right to control the commercial activities betwen the states.