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Clarkstown v. C&A Carbone, Inc.

Citation: 23 ELR 20926
No. No. 91-07786, 587 N.Y.S.2d 681, (N.Y. App. Div., 08/31/1992)

The court holds that a local law that requires all nonrecyclable solid waste generated in town to be delivered to the town's transfer station for processing and disposal is constitutional, and affirms a decision enjoining a local recycling facility that separates solid waste into recyclable and nonrecyclable waste from processing and shipping the waste to out-of-state facilities in violation of that law. The court first holds that the operators of the facility do not have standing to challenge the adequacy of the town's environmental review of the local law. The facility did not demonstrate sufficient economic injury from the inability to deliver solid waste to out-of-state facilities. The court next holds that the local law is a valid exercise of the town's police power. The law's requirements did not unreasonably burden interstate commerce, applying evenhandedly to all solid waste processed within the town, regardless of its point of origin. Moreover, concern for the continued economic viability of a solid waste facility is part of the health, safety, and environmental concerns the plan is designed to address, and the incidental effect on commerce is not outweighed by this significant public concern. The court holds that the law is not a taking of the facility operators' property without due process. The local law does not deprive the operators of all economically viable uses of the property. Furthermore, the expiration of their operating permit renders moot any claim that the law retroactively deprived them of any rights.

Counsel for Respondent
Richard A. Glickel
Two Crosfield Ave., Ste. 108, West Nyack NY 10994
(914) 353-4300

Counsel for Appellants
Stephen S. Cowen, Richard K. Willard
Steptoe & Johnson
1330 Connecticut Ave. NW, Washington DC 20036
(202) 429-3000

Before THOMPSON, J.P., and BRACKEN, HARWOOD and MILLER, JJ.