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The dormant commerce clause and the Massachusetts landfill moratorium: are national market principles adequately served?

Article Abstract:

The Massachusetts landfill moratorium's regulatory scheme is discriminatory because of not figuring in out-of-state demand in the computation of market need.Since it does not use nondiscriminatory options which would meet the state's legitimate purposes, it violates the federal Constitution's dormant Commerce clause. Although Massachusetts's regulation of solid waste to achieve its goals cannot create a local market which isolates the state from the national economy.

Author: Forman, Daniel M.
Publisher: Boston College Law School
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1997
Interpretation and construction, Constitutional law, Constitutional interpretation, Interstate commerce

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The Military Munitions rule and environmental regulation of munitions

Article Abstract:

The author analyzes the effectiveness of the federal Military Munitions Rule, which aims at cleaning up contaminated military munitions sites while maintaining combat readiness. The controversy over the cleanup at Camp Edwards in Massachusetts is discussed.

Author: Latham, Joshua E.
Publisher: Boston College Law School
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 2000
Environmental aspects, Weapons

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Regulating the military's survival skills training under the Animal Welfare Act

Article Abstract:

The author examines the issue of animal cruelty committed as part of military survival training. She argues that such training should be regulated under the Animal Welfare Act by considering military training sites as "federal research facilities."

Author: Mavany, Salma
Publisher: Boston College Law School
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 2001
Training, Powers and duties, Animal welfare, United States. Department of Agriculture, Military personnel, Military education

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Subjects list: United States, Laws, regulations and rules, Hazardous waste sites
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