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Solid waste

Al Turi Landfill, Inc. v. New York State Dep't of Envtl. Conservation

The court holds that a state environmental agency properly denied a company's application for a permit to expand its municipal solid waste disposal facility. During the pendency of the application, the company was fined for federal tax-...

Gary D. Peake Excavating Inc. v. Town Bd. of Hancock

The court holds that under New York law, an unconstitutional section in a local waste flow-control ordinance is severable from the constitutionally valid remaining provisions of the ordinance. The court first holds that plaintiffs'...

USA Recycling, Inc. v. Babylon, Town of

The court holds that a municipal waste management plan that grants a single contractor the exclusive right to collect garbage within a designated commercial district does not violate the Commerce Clause of the U.S. Constitution. The...