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AMERICAN TRUCKING ASSOCIATIONS, INC. v. STATE

852 A.2d 142 (2004)

180 N.J. 377

AMERICAN TRUCKING ASSOCIATIONS, INC., a Non-Profit Corporation, Incorporated Under the Laws of the District of Columbia and Suttles Truck Leasing, Inc., an Alabama Corporation, on behalf of themselves and others similarly situated, Plaintiff-Appellants and Cross-Respondents, v. STATE of New Jersey, Defendant-Respondent and Cross-Appellant.

Supreme Court of New Jersey.

Remanded June 20, 2000.

Reargued November 3, 2003.

Decided July 19, 2004.

Attorney(s) appearing for the Case

Robert Digges, Jr., a member of the West Virginia bar, argued the cause for appellants and cross-respondents (Connell Foley, attorneys, Roseland; Mr. Digges and Kevin J. Coakley, of counsel; Mr. Coakley, Brendan Judge, Roseland and Richard T. Bayer, on the briefs).

Catherine A. Tormey and Barbara L. Conklin, Deputy Attorneys General, argued the cause for respondent and cross-appellant (Peter C. Harvey, Attorney General of New Jersey, attorney; Nancy Kaplen, Assistant Attorney General and Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Tormey, Ms. Conklin and James M. Murphy, Deputy Attorney General, on the briefs).

Judge KESTIN (temporarily assigned) delivered the opinion of the Court.

The issue before us in this appeal is whether this State's annual hazardous waste transporter registration fees (transporter fees) as assessed against out-of-state transporters can withstand federal Commerce Clause scrutiny. We hold, on the record developed herein, that they cannot.

I.

This matter comes before us with a protracted procedural...

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