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United Haulers Ass'n, Inc. v. Oneida-Herkimer Solid Waste Management Auth.
No. 05-1345
Title:
Parties
For Petitioners United Haulers Association, Inc., et al..:
Oct
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No. 05-1345
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United Haulers Association, Inc., et al. v. Oneida-Herkimer Solid Waste Management Authority, et al.
Subject:
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Commerce Clause, Interstate Commerce, Solid Waste, Flow-Control Ordinance, Preferred Processing Facility
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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.
- U.S. Court of Appeals - 2nd Circuit
Opinion Filed: February 16, 2006
- United States Supreme Court, Cert. Granted: September 26, 2006
Resources:
- Docket Sheet From the U.S. Supreme Court.
- Northwestern University - Medill School of Journalism: On the Docket
Parties
-
Petition Phase
- Certiorari Petition
- Brief in Opposition
- Reply to Brief in Opposition
- Amici Brief of the Am. Trucking Ass'ns, Inc. et al. in Support of Petitioners
Merits Phase
- Petitioners' Brief
- Respondents' Brief
- Amici Brief of Sussex County, et al. in Support of Petitioners
- Amici Brief of the Am. Trucking Ass'ns, Inc. et al. in Support of Petitioners
For Petitioners United Haulers Association, Inc., et al..:
Evan Mark TagerFor Respondents Oneida-Herkimer etc., et al.:
Mayer, Brown, Rowe & Maw LLP
Washington, DC
Michael J. Cahill
Germano & Cahill, P.C.
Holbrook, NY
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