Dormant Commerce Clause

  1. The City of Los Loco is located in the State of Confusion, but is on the
    border with the State of Washington. For a number of years Loco and the
    outlining area had an active granite industry, but recently production has
    been declining. To boost production, the City Counsel passed an
    ordinance requiring all granite used within the city limits to be (1)
    produced within a fifty mile radius of Loco, and (2) within the State of
    Confusion. A granite producer, who is located in the neighboring State of
    Washington, was set to supply granite to a work site in the City of Los
    Loco. Due to the new law, however, it can no longer do so.
    Assume the contractor comes to you for advice, and you must explain to
    him whether he has a claim under the concept of the “Dormant
    Commerce Clause” against the City of Los Loco. Please use the IRAC(important)
    format to prepare your advice. For a review of the Dorman Commerce
    Clause please see below

DORMANT COMMERCE CLAUSE AND STATE REGULATION
Three prong test to determine if a state’s regulation of commerce is allowed under the CC:
1.Regulation pursues a legitimate state end;
2.Regulation is rationally related to that end; and
3.Balancing: The burden on interstate commerce is outweighed by the state’s need for the regulation.

Sample Solution

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