Jump to Navigation
Jump to Content

Harrison v. Waste Sys. Auth. of E. Montgomery County

Citation: 30 ELR 20429
No. No. 99-1418, (E.D. Pa., 03/07/2000)

The court holds that a solid waste hauler has standing to bring a U.S. Commerce Clause claim against a waste district authority for instructing homeowners and commercial entities in the district to subtract a district waste generation fee from the contractually agreed to price paid to their waste haulers. The court first holds that the waste hauler satisfies the constitutional requirements for standing. The waste hauler sufficiently plead that it suffered economic injury-in-fact, that the injury can be traced to the ordinance at issue, and that the injury could be redressed by equitable relief and or damages. The court next holds that the waste hauler satisfies the prudential conditions for standing. As a classic plaintiff asserting his own economic interests under the Commerce Clause, the waste hauler avoids any concerns relative to the zone of interests requirements. The court further holds that the waste district authority is immune to suit for damages under the Sherman and Clayton Acts.

Counsel for Plaintiffs
Benjamin Zuckerman
Cozen & O'Connor
1900 Market St., Philadelphia PA 19103
(215) 665-2000

Counsel for Defendants
Francis Recchuiti
Vangrossi & Recchuiti
319 Swede St., Norristown PA 19401
(610) 279-4200