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Evergreen Waste Sys., Inc. v. Metropolitan Serv. Dist.

Citation: 17 ELR 20901
No. No. 86-3917, 820 F.2d 1482/26 ERC 1364/(9th Cir., 07/01/1987)

The court holds that defendant's ordinance barring out-of-district waste from the district's landfill does not violate the Commerce Clause. The ordinance applies to only one of the many landfills operated in Oregon and bars waste from most Oregon counties in addition to out-of-state waste. Thus, itis not a "per se violation" of the Commerce Clause. Since out-of-state waste is treated no differently from most in-state waste, the ordinance regulates evenhandedly. It also serves a legitimate public purpose in that it extends the useful life of the landfill. Finally, the ordinance has only an incidental effect on interstate commerce and is not unduly burdensome in relation to the putative local benefits. The court also holds that the lower court did not clearly err in finding that the landfill was not dedicated to public use.

Counsel for Plaintiff-Appellant
Richard Maizels
500 Woodlark Bldg., 813 SW Alder St., Portland OR 97205
(503) 223-6121

Counsel for Defendant-Appellee
Denise Francis
101 SW Main St., Portland OR 97204
(503) 230-0330

Before Anderson and Brunetti, JJ.