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N.H. MOTOR TRANSPORT v. FLYNN

No. 84-1226.

751 F.2d 43 (1984)

NEW HAMPSHIRE MOTOR TRANSPORT ASSOCIATION, et al., Plaintiffs, Appellees, v. Richard M. FLYNN, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 26, 1984.

Attorney(s) appearing for the Case

Bruce E. Mohl, Asst. Atty. Gen., with whom Gregory H. Smith, Atty. Gen., and Douglas L. Patch, Asst. Atty. Gen., Div. of Legal Counsel, Concord, N.H., were on brief, for appellants.

Robert A. Hirsch, Atty., American Trucking Associations, Inc., Washington, D.C., with whom Roger C. Wendell, Jonathan D. Canter, Gray & Wendell, Boston, Mass., Grenville Clark, Wendell, Clark & Solomon, Manchester, N.H., were on brief, for appellees.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and SELYA, District Judge.

BREYER, Circuit Judge.

The issue in this case is whether New Hampshire can lawfully require hazardous materials and waste transporters to obtain a state license for an annual fee of $25 or a single-trip fee of $15. We find that these fees do not violate the Constitution's Commerce Clause, U.S. Const., art. 1, § 8, cl. 3, nor are they preempted by a federal statute, Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq. We therefore reverse...

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