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AMERICAN TRUCKING ASSNS., INC. v. STATE

CC No. 00C16242; CA A117694; SC S51622, S51623.

124 P.3d 1210 (2005)

339 Or. 554

AMERICAN TRUCKING ASSOCIATIONS, INC., a District of Columbia Corporation, CRST, Inc., an Iowa corporation, USF Reddaway Inc., an Oregon corporation, Kenneth E. Mansigh Trucking, Inc., a Washington corporation, and Veneer Chip Transport, Inc., a Washington corporation, On behalf of themselves and all other Similarly-Situated Weight-Distance Taxpayers, Respondents on Review, v. STATE of Oregon, DEPARTMENT OF TRANSPORTATION and Grace Crunican, Director, Department of Transportation, Petitioners on Review, and AAA Oregon/Idaho, an Oregon corporation, Intervenor-Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 15, 2005.

Attorney(s) appearing for the Case

David E. Leith, Assistant Attorney General, Salem, argued the cause for petitioners on review. With him on the briefs were Mary H. Williams, Solicitor General, and Hardy Myers, Attorney General.

Robert Digges, J., pro hac vice, Alexandria, Virginia, argued the cause for respondents on review. Justin M. Thorp, and Jonathan M. Hoffman, of Martin, Bischoff, Templeton, Langslet Hoffman LLP, Portland, filed the briefs for respondents on review.

Scott G. Seidman, of Tonkon Thorp LLP, Portland, argued the cause for intervenor. With him on the briefs were Paul W. Conable and Christine L. Uri.

De MUNIZ, J.

The issue in this case is whether the Oregon "flat fee" highway tax alternatives that are available to heavy trucks hauling certain commodities in either interstate or intrastate commerce violate the Commerce Clause of the United States Constitution.1 American Trucking Associations, Inc., and several other trucking companies (plaintiffs...

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