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IESI AR Corp. v. Northwest Arkansas Reg'l Solid Waste Management Dist.

ELR Citation: 36 ELR 20004
Nos. No. 05-1299, (8th Cir., 01/05/2006)

The court holds that a solid waste management district regulation requiring solid waste to be disposed at either in-district or out-of-state landfills, unless otherwise authorized, does not violate the U.S. or Arkansas Constitutions. The regulation does not violate the Commerce Clause because it is not discriminatory and any burden it places on interstate commerce is not clearly excessive in relation to the putative local benefits. Nor does the regulation violate the anti-monopoly provision of the Arkansas Constitution because even if a de facto monopoly exists, it is a necessary exercise of the state's police powers. In addition, the district did not tortiously interfere with a landfill operator's business relationships by passing the regulation, and there is no evidence that the district's actions were improper.