1. Highlight the pertinent facts;

2. Identify the issue of law posed by the case problem;

3. What should be the decision in the case?

4. The reasoning for such decision.

Plaintiff, a Delaware corporation with its principal place of business in Oak Brook, Illinois owns and operates one of the Nation’s oldest commercial hazardous waste land disposal facilities, located in Emelle, Alabama, 1 of only 16 states that have commercial hazardous waste landfills. The Emelle facility is the largest of the 21 landfills of this kind located in these 16 states. Against this backdrop, Alabama enacted Act No. 90-326 (the Act), which includes a “cap” that generally limits the amount of hazardous wastes or substances that may be disposed of in any 1-year period, and the amount of hazardous waste disposed of during the first year under the Act’s new fees becomes the permanent ceiling in subsequent years. The Act imposes a fee of $97.60 per ton for hazardous wastes generated outside of Alabama and a fee of $25.60 per ton on hazardous wastes generated within Alabama. Plaintiff filed suit claiming that the Alabama law violated the United States Constitution.