Assignment 1.1

Instructions

Most businesses (private enterprise and corporate) are subject to regulation by federal, state and local laws. As you have noted in earlier courses, federal regulation trumps state and local efforts, unless those efforts are more restrictive than their federal counterparts. To illustrate the difficulties faced by business in deciding how to abide by laws that are apparently conflicting, please analyze and comment on the following hypothetical fact situation:During the last legislative session, the State of Iowa passed a law which forbids the transport of toxic waste on any of the state highways within the state. Toxico, Inc., has a contract with the State of Nebraska to haul low-level, radioactive waste materials to a certified disposal site located in South Carolina. The low level waste is generated at the nuclear power plants located along the Missouri River, just north and south of Omaha and immediately adjacent to Iowa. Toxico has filed suit, seeking injunctive relief, against the State of Iowa, alleging that the regulation creates an unreasonable economic hardship for the company by requiring it to find alternate, longer and, therefore, more expensive routes to South Carolina.Thinking back to some of the issues studied in Constitutional Law and applying those lessons to this circumstance, determine the outcome of that suit. Which court has jurisdiction? Why do you suppose the Iowa legislature omitted any language referring to the interstate highway system? Is this regulation within the scope of authority of the State of Iowa? If so, under what theory? If not, why not?

Answer

Assignment 1.1Law suits regarding states are normally challenging, owing to the uniqueness in laws touching on them. It, therefore, requires the use of a proper court to make determinations in line with the case which is brought to light (Cosens et al., 2017). Toxico, Inc. has found itself at the same predicament. The state of Iowa has forbidden the transport of toxic waste on any of the state highways within. Thus, it has to use a longer and more expensive route to move waste from Nebraska to South Carolina. Thus, it is essential to establish the court which will have the jurisdiction to oversee the court suit which the company launches against the state of Iowa. Further, it is essential to pre-empt the outcome of the court which will be attained from the case.The court which has the juri...
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