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National Solid Wastes Management Ass'n v. Daviess County

ELR Citation: 36 ELR 20028
Nos. No. 04-6498, (6th Cir., 01/24/2006)

The court affirms a lower court's grant of summary judgment in favor of a trade association declaring that a county's proposed ordinance involving waste disposal is unconstitutional and enjoining the county from its enforcement. By forcing the trade association's members to use the county's disposal and transfer facilities, the ordinance would prohibit these members from using other in-state and out-of-state facilities. The ordinance, therefore, is facially discriminatory against out-of-state interests. The fact that the county acts as both a business and a government, as opposed to just a government, does not cloak its facially protectionist activity from the appropriate scrutiny under the Commerce Clause.