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United Haulers Ass'n, Inc. v. Oneida-Herkimer Solid Waste Management Auth.
United Haulers Association, Inc., et al. v. Oneida-Herkimer Solid Waste Management Authority, et al.
Commerce Clause, Interstate Commerce, Solid Waste, Flow-Control Ordinance, Preferred Processing Facility
The Court held in C & A Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383, 386
(1994), that "a so-called flow control ordinance, which require[d] all solid waste to
be processed at a designated transfer station before leaving the municipality,'
discriminated against interstate commerce and was invalid under the Commerce
Clause because it "depriv[ed] competitors, including out-of-state firms, of access to
a local market." This case presents two questions, the first of which is the subject of
an acknowledged circuit conflict:
- Whether the virtually per se prohibition against "hoard[ing] solid waste" (Id. at
392) recognized in Carbone is inapplicable when the "preferred processing
facility" (ibid.) is owned by a public entity
- Whether a flow-control ordinance that requires delivery of all solid waste to a
publicly owned local facility and thus prohibits its exportation imposes so
"insubstantial" a burden on interstate commerce that the provision satisfies the
Commerce Clause if it serves even a "minimal" local benefit.
Counsel of Record
For Petitioners United Haulers Association, Inc., et al..:
Evan Mark Tager
For Respondents Oneida-Herkimer etc., et al.:
Mayer, Brown, Rowe & Maw LLP
Michael J. Cahill
Germano & Cahill, P.C.
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