New Jersey wants to resume collection of a hazardous waste hauler fee that was struck down and then reinstated by separate court decisions.
Unless a legal challenge by American Trucking Associations is successful in blocking it, the state also plans to reap the two years of back fees it missed while the case was pending.
At stake is more than $1.2 million that hazardous waste transporters paid annually to New Jersey. ATA contends the charge violates the Constitution’s Commerce Clause by discriminating against interstate carriers, whose per-mile fee cost is generally greater than the cost engendered by in-state carriers.
The legal challenge began in 1992 when ATA filed a lawsuit to stop the state’s Department of Environmental Protection from collecting the registration fee.
For the full story, see the Jan. 17 print edition of Transport Topics. .
