Amanda Johns operates five hair solons and in each of the establishments, the attendants use a hair dye for hair coloring. To achieve a permanent color, many hair dyes work using a system of ammonia (or ethanolamines in the case of some ammonia-free products), hydrogen peroxide, and p-phenylenediamine. The ammonia pulls apart layers of the hair's proteins so that the dye can access the hair shaft. Next, hydrogen peroxide bleaches the hair and helps p-phenylenediamine, one of the primary coloring agents, to become trapped in the hair. These common dye chemicals are associated with negative health effects. Ammonia is a respiratory and asthma irritant, a potential endocrine disruptor, and is persistent in the environment, meaning it sticks around. P-phenylenediamine is associated with birth defects, skin irritation, liver and blood toxicity, and allergic reactions. It is restricted for use in the European Union. As a result of the coronavirus outbreak and the virus' attack on the respiratory system, Congress amended the Clean Air and Water Act to require,FDA, EPA, and NIH to conductCHEMICALS that might aggravate the effect of Covid 19 and establish a process of disposal that would keep such chemicals free from the air and waste streams.Pursuant to the passage of the amendments, the FDA, EPA, and NIH, along with several universities, did major studies which showed the above-listed chemicals tended to last in the environment and were damaging to the virus patient.

The three agencies held hearings, published proposed rules, and finally decided to issue a regulation requiring all users of the chemicals to only dispose of the waste from the dye in an approved Department of Transportation carrier for properly controlled disposal to avoid any exposure to virus patients. Amanda Johns is incensed over the regulation and contacted her lawyer and voiced her displeasure. She said to her lawyer first it was masked, then distancing in all of our shops and now regulating, at great cost, the disposal of the dye we use. She said, I am sorry folks are getting sick but this kind of a regulation, on top of everything else, is ruining my business. She yelled at her lawyer, I pay you good money can't you do something? Her lawyer comes to you, the junior partner, and says tell me what we are up against, and is there anything we can do?Can Congress pass such a law under the commerce clause, if so, did the agencies act within the law and also meet due process?

1.FACTS

2.LEGAL ISSUE

3.FINDING

4.SUPPORT FOR THE FINDING