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National Solid Waste Management Ass'n v. Pine Belt Solid Waste Management Auth.

Citation: 33 ELR 20196
No. No. CIV.A.2:02 CV 723 Gu, (S.D. Miss., 04/23/2003)

The court holds that a solid waste flow control requirement imposed by a 22-county waste authority in Mississippi violates the Commerce Clause of the U.S. Constitution. The authority required waste haulers to deliver collected materials to a designated publicly owned facility. The ruling in United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, 261 F.3d 245, 31 ELR 20873 (2d Cir. 2001), which distinguished between flow control measures that direct wastes to public rather than privately owned facilities, is rejected as inconsistent with the U.S. Supreme Court's decision in C&A Carbone, Inc. v. Clarkstown, 511 U.S. 383, 24 ELR 20815 (1994).

Counsel for Plaintiff
Ricky Boggan
Attorney General’s Office
Gartin Justice Bldg.
P.O. Box 220, Jackson MS 39205
(601) 359-3692

Counsel for Defendant
Alan M. Purdie
Gore, Kilpatrick, Purdie, Metz & Adcock
402 Legacy Park Dr., Ridgeland MS 39158
(601) 957-1595