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

ELR Citation: 34 ELR 20132
Nos. No. 03-60470, (5th Cir., 10/29/2004) Rev'd

The Fifth Circuit dismissed solid waste disposal companies' claims that local solid waste flow control ordinances violate the Commerce Clause. The companies lack standing to claim that the ordinances are facially discriminatory against out-of-state interests. The ordinances prohibit the export of any waste outside of the region, including out of state. Yet the companies' injury is not related to any out-of-state characteristic of their business. And although they have standing to challenge whether the ordinances excessively burden interstate commerce, the ordinances here do not have a disparate impact on interstate commerce.

A prior decision in this litigation is published at 33 ELR 20196.