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United Haulers Ass'n, Inc. v. Oneida-Herkimer Solid Waste Management Auth.
No. 05-1345
Title:
    United Haulers Association, Inc., et al. v. Oneida-Herkimer Solid Waste Management Authority, et al.

Subject:

    Commerce Clause, Interstate Commerce, Solid Waste, Flow-Control Ordinance, Preferred Processing Facility
Question:
    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:

  1. 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

  2. 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.
Decisions:

Resources:

Briefs:

    Parties Counsel of Record

For Petitioners United Haulers Association, Inc., et al..:

Evan Mark Tager
Mayer, Brown, Rowe & Maw LLP
Washington, DC
For Respondents Oneida-Herkimer etc., et al.:
Michael J. Cahill
Germano & Cahill, P.C.
Holbrook, NY


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