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Federal Commerce Clause

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

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...

Oxford Assocs. v. Waste Sys. Auth. of E. Montgomery County

The court reverses a district court's decision dismissing building owners' U.S. Commerce Clause claims against a waste authority for lack of standing. The building owners maintained that the authority's implementation of a waste...

On the Green Apartments L.L.C. v. Tacoma, City of

The court affirms a district court dismissal of a residential complex's claim that a city's municipal waste disposal ordinance violates the U.S. Commerce Clause. The ordinance requires all waste to be deposited at the city's disposal...

Ben Oehrleins & Sons & Daughter, Inc. v. Hennepin County

The court holds that county ordinance provisions directing solid waste to designated in-state facilities do not discriminate against interstate commerce; however, provisions that prevent the delivery of waste to out-of-state processors...

Individuals for Responsible Gov't v. Washoe County

The court upholds Nevada county ordinances requiring landowners either to subscribe to a particular garbage collection service or to haul their garbage to an approved disposal site every seven days. The ordinances also required all...

Tri-State Rubbish, Inc. v. Gray, Town of

The court holds that genuine issues of material fact remain about whether a flow control and recycling ordinance violates the Commerce Clause of the U.S. Constitution, and remands the action. A local ordinance requires that all solid...