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HUNT v. CHEMICAL WASTE MANAGEMENT

1901043, 1901044 and 1901106.

584 So.2d 1367 (1991)

Guy HUNT, as Governor of the State of Alabama v. CHEMICAL WASTE MANAGEMENT, INC. James M. SIZEMORE, Jr., as Commissioner of the Alabama Department of Revenue; and the Alabama Department of Revenue v. CHEMICAL WASTE MANAGEMENT, INC. CHEMICAL WASTE MANAGEMENT, INC. v. The ALABAMA DEPARTMENT OF REVENUE, et al.

Supreme Court of Alabama.

July 11, 1991.

Attorney(s) appearing for the Case

Bert S. Nettles, Alton B. Parker, Jr. and Kenneth O. Simon of Spain, Gillon, Grooms, Blan & Nettles, Birmingham, and H. William Wasden, Legal Advisor to the Governor, Montgomery, for appellant Governor Guy Hunt.

William D. Coleman and Jim B. Grant, Jr., of Capell, Howard, Knabe & Cobbs, Montgomery, for appellant James M. Sizemore, Jr., Com'r of Revenue.

J. Wade Hope, Montgomery, for appellant Alabama Dept. of Revenue.

Fournier J. Gale III, H. Thomas Wells, Jr. and J. Alan Truitt of Maynard, Cooper, Frierson & Gale, Birmingham, and Oakley Melton of Melton, Espy, Williams and Hayes, Montgomery, for appellee/cross-appellant Chemical Waste Management, Inc.

SHORES, Justice.

In April 1990, the Alabama Legislature enacted Act No. 90-326 (the "Act"), effective July 15, 1990, Code of Ala. 1975, § 22-30B-1 et seq. (Supp.1990), which was signed into law by the Governor. The Act imposes two fees on the disposal of hazardous waste at commercial facilities in Alabama. A "Base Fee" of $25.60 per ton was imposed on all waste and substances disposed of at commercial facilities, regardless of the state of origin. An ...

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