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AMERICAN TRUCKING ASS'N v. STATE

No. 95-1714.

205 Wis.2d 494 (1996)

556 N.W.2d 761

AMERICAN TRUCKING ASSOCIATIONS, INC., Groendyke Transport, Inc., National Tank Truck Carriers, Inc., and TNT Holland Motor Express, Inc., on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. The STATE of Wisconsin, James E. Doyle, the Attorney General of the State of Wisconsin, Charles H. Thompson, Secretary of the Department of Transportation; State Emergency Response Board, Robert W. Link, Tariq Akmut, Edward W. Mishefske, Gloria G. Steffen, Jay G. Kopplin, Craig Olson, Thomas N. Anderson, Caryl E. Terrell, William Singletary, David Woodbury, Dean R. McKenzie, Lewis B. Harned, James Barrett and Joseph E. Tregoning, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 17, 1996.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Daniel Barney and Robert Digges, Jr. of ATA Litigation Center of Alexandria, VA; Andrew L. Frey and Charles Rothfeld of Mayer, Brown & Platt of Washington, D.C.; and Ann Ustad Smith and Randall J. Ney of Michael, Best & Friedrich of Madison.

For the defendants-respondents the cause was submitted on the brief of James E. Doyle, attorney general, and Peter C. Anderson, asst. attorney general.

Before Dykman, P.J., and Paul C. Gartzke and Robert D. Sundby, Reserve Judges.

SUNDBY, Reserve Judge.

In this appeal, we hold that the Hazardous Materials Transportation Registration Fee (HazMat fee) imposed by the State Emergency Response Board (Board) from July 1, 1993 to June 30, 1995, on persons offering or transporting hazardous materials in commerce violated the Commerce Clause of the United States Constitution, Article 7, Section 8.

By § 166.20(7g)(a), STATS., the legislature required...

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