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SUPREME COURT TO HEAR CHEM WASTE CHALLENGE TO ALABAMA DISPOSAL TAX

SUPREME COURT TO HEAR CHEM WASTE CHALLENGE TO ALABAMA DISPOSAL TAX
 OAK BROOK, Ill., Jan. 27 /PRNewswire/ -- Chemical Waste Management, Inc. (NYSE: CHW) said today it is pleased to learn that the U.S. Supreme Court will hear its challenge of Alabama's discriminatory $72 per ton tax on out-of-state wastes disposed at the company's Emelle, Ala., facility.
 The company is optimistic that the Supreme Court will decide the case by about July 1.
 The company said it was not discouraged that the court declined to review the $25.60 per ton base fee that applies to all wastes disposed at Emelle. Although the company argued that the fee is unconstitutional because it applies almost exclusively to wastes moving in interstate commerce, the amount of the fee is within the range that allows the Emelle facility to meet the needs of its customers while providing a significant revenue source for the state.
 The company was also not discouraged that the court declined to review the "cap provision" of the Alabama law. While the cap limits the volume disposed at Emelle to the amount received during the first 12 months the taxes were in effect, Chem Waste believes a favorable ruling on the out-of-state tax issue will invalidate the cap. As the solicitor general noted in his brief on behalf of the federal government urging the court to grant review, the volume was capped during a benchmark period that was negatively impacted by the discriminatory out-of-state tax that the court has agreed to review. That brief went on to say that a complete remedy for the effects of the additional fee should accordingly include adjustment to the cap. The state trial judge also came to the same conclusion.
 Finally, Chem Waste has a request for ancillary relief from the "cap provision" pending in the federal court in Birmingham, Ala., in separate litigation with the state concerning Alabama's earlier ban on wastes from approximately 22 other states. Because Alabama's "blacklisting" of wastes from those states was in effect during a substantial portion of the benchmark year, that period was tainted by the unconstitutional effects of the blacklisting. An Atlanta federal appeals court ruled Alabama's blacklisting unconstitutional, and in June 1991 the U.S. Supreme Court declined to review Alabama's petition for review of that ruling.
 -0- 1/27/92
 /CONTACT: Bruce Tobecksen, 708-218-1602, Joe Pokorny, 708-218-1689, or Bob Reincke, 708-218-1670, all of Chemical Waste Management/
 (CHW) CO: Chemical Waste Management Inc. ST: Illinois, Alabama IN: CHM SU: SM -- NY055 -- 3697 01/27/92 11:32 EST
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Publication:PR Newswire
Date:Jan 27, 1992
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