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Waste transport

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....

National Solid Wastes Management Ass'n v. City of Dallas

A district court enjoined a county from enforcing a solid waste flow control ordinance that, among other things, requires all waste collected in the city to be disposed of at a city landfill. The city had entered into franchise...

Los Angeles, City of v. Kern, County of

A district court held that a county ordinance that bans the land application of "Los Angeles sludge" in the unincorporated areas of the county violates the Commerce Clause. The city of Los Angeles generates a large amount of sewage...

United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Auth.

The U.S. Supreme Court held that two flow-control ordinances requiring delivery of local solid waste to a publicly owned processing facility do not discriminate against interstate commerce in violation of the U.S. Constitution. The...

United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Auth.

The court holds that municipal flow control ordinances do not violate the dormant Commerce Clause of the U.S. Constitution. The municipal scheme at issue requires that the garbage generated by local households and businesses be...

National Solid Wastes Management Ass'n v. Daviess County

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...

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

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....

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...

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

The court holds that a solid waste flow control requirement imposed by a 22-county waste authority in Mississippi violates the Commerce Clause of the U.S. Constitution. The authority required waste haulers to deliver collected materials...

AGG Enters. v. Washington County

The court holds that garbage mixed with recyclables is not "property" and, thus, Oregon State county and city trash hauling regulations are not preempted by the Federal Aviation Administration Authorizing Act (FAAAA). The lower court...

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