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Market participant exception

C&A Carbone, Inc. v. County of Rockland

A district court upheld the constitutionality of a New York county's solid waste flow control ordinance that directs all solid waste generated within the county to designated publicly owned but privately operated processing facilities....

Huish Detergents, Inc. v. Warren County, Ky.

The court holds that a lower court improperly dismissed a laundry detergent manufacturer's claim that an exclusive franchise agreement between a county and a solid waste handler violated the dormant U.S. Commerce Clause. The agreement...

Incorporated Village of Rockville Centre v. Hempstead, Town of

The court upholds a district court decision finding that an intermunicipal agreement between a town and several villages concerning the disposal of solid waste does not violate the dormant U.S. Commerce Clause. The agreement required...

Waste Management Holdings, Inc. v. Gilmore

The court holds that waste management companies that own landfills in Virginia may bring suit to enjoin the enforcement of several recently enacted state statutes aimed at curtailing the flow of out-of-state municipal solid waste into...

Automated Salvage Transp., Inc. v. Wheelabrator Envtl. Sys., Inc.

The court holds that a settlement agreement between a state solid waste authority and a private waste disposal company does not violate the Sherman Act or the federal Commerce Clause. The agreement requires both the state authority and...

National Solid Waste Management Ass'n v. Williams

The court holds that a Minnesota statute requiring public entities to comply with county waste management plans does not violate the federal Commerce Clause. The court first holds that the appellant waste contractors' association does...

Red River Serv. Corp. v. Minot, City of

The court holds that a city's refusal to allow a waste transport company to dispose of solid waste from a military base in the city's landfill did not violate the U.S. Constitution's Commerce Clause. The court first holds that the city'...

National Solid Waste Management Ass'n v. Williams

The court holds that a Minnesota waste management statute that requires public entities to comply with county waste management plans does not violate the Commerce Clause of the U.S. Constitution by barring the importation of waste...

SSC Corp. v. Smithtown, Town of

The court holds that a municipal ordinance requiring all garbage generated in a New York town to be disposed of at a particular local incinerator violates the Commerce Clause of the U.S. Constitution. The town's flow-control ordinance,...