District Court, D. New Hampshire February 25, 2010, Case No. 08-cv-376-PB (Construction Materials Recycling Ass'n Issues & Education Fund, Inc. v. Burack)

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.