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CONSTRUCTION MATERIALS RECYCLING ASS'N v. BURACK

Case No. 08-cv-376-PB.

686 F.Supp.2d 162 (2010)

2010 DNH 035

CONSTRUCTION MATERIALS RECYCLING ASSOCIATION ISSUES AND EDUCATION FUND, INC., and New England Recycling, Inc. v. Thomas BURACK, Commissioner, New Hampshire Department of Environmental Services, et al.

United States District Court, D. New Hampshire.

February 25, 2010.

Attorney(s) appearing for the Case

Frank P. Spinella, Jr., Hall Morse Anderson Miller & Spinella, Concord, NH, Leon A. Blais, Blais & Parent, Mansfield, MA, for Plaintiffs.

Mary E. Maloney, NH Attorney General's Office, Concord, NH, for Defendants.

MEMORANDUM AND ORDER

PAUL BARBADORO, District Judge.

The issue presented by this case is whether three recently-enacted statutes that address the burning of construction and demolition ("C & D") debris violate the Commerce Clause either by improperly discriminating against out-of-state C & D debris producers or by excessively burdening interstate commerce.

I. BACKGROUND

In 2007, the New Hampshire legislature...

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