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AGG Enters. v. Washington County

Citation: 32 ELR 20497
No. Nos. 00-35449 et al., 281 F.3d 1324/(9th Cir., 03/12/2002) Rev'd

The court holds that garbage mixed with recyclables is not "property" and, thus, Oregon State county and city trash hauling regulations are not preempted by the Federal Aviation Administration Authorizing Act (FAAAA). The lower court issued a permanent injunction preventing the county and city from enforcing the regulations, and the county and city appealed. The court first holds that the FAAAA does not preempt local regulation of the collection of mixed solid wastes. "Property" is the operative word for analyzing the FAAAA's preemption clause. Although the term is not defined in the Act, Congress did not show a "clear and manifest" intent to end state and local regulation of garbage and refuse collection merely because the load includes some recyclable material. That the load includes a significant amount of garbage is sufficient to permit local regulation. The court, therefore, vacates the permanent injunction and reverses and remands the lower court's decision.

[A prior decision in this litigation is published at 30 ELR 20487.]

Counsel for Plaintiff
Jeffrey M. Batchelor
Markowitz, Herbold, Glade & Mehlhaf
1211 SW 5th Ave., Portland OR 97204
(503) 295-3085

Counsel for Defendants
Barnes H. Ellis
Stoel, Rives, Boley, Jones & Grey
900 SW 5th Ave., Ste. 2300, Portland OR 97204
(503) 224-3380

Gould, J. Before Hug and Nelson, JJ.