Constitutional Law Issue Spotting Practice

In 2023, the State of Oakhaven enacted the Beverage Sustainability Act, which requires every beverage container sold within its borders to carry a $0.15 refundable deposit. Under the Act, all unredeemed deposits must be remitted by retailers to the Oakhaven Environmental Agency, which uses the funds to manage state landfills. The National Bottling Alliance, a non-profit trade association representing 400 bottling companies, filed suit in federal district court against Elena Marsh, the Director of the Oakhaven Environmental Agency and the official responsible for enforcing the Act, in her official capacity. The Alliance seeks a declaration that the Act is unconstitutional and a prospective injunction barring Director Marsh from enforcing it. The Alliance alleges the Act imposes an unconstitutional burden on interstate commerce and directly conflicts with the federal Food and Cosmetic Labeling Act, which sets uniform national standards for container labeling. The Alliance’s complaint includes claims on behalf of two member bottlers, PurePop Inc. and CrispCo, which have not yet been fined or sanctioned under the state law but fear imminent enforcement actions. Director Marsh, represented by the Attorney General of Oakhaven, has moved to dismiss the suit, asserting the Alliance lacks standing and that the claims regarding PurePop and CrispCo are not justiciable because the bottlers have yet to suffer any actual injury or administrative penalty. The Attorney General further argues that the state’s internal environmental policy is entirely beyond the reach of federal commerce regulation.

Select all of the following constitutional or procedural issues that are properly raised by the facts presented.