Environmental -- 2002



United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority   (U.S. Supreme Court)

Waste flow-control regulation

The NAM supported an appeal to the Supreme Court of an adverse ruling by the Second Circuit that would allow a municipality, country or state to impose flow-control restrictions on the interstate transportation of solid waste. Flow-control laws allow local jurisdictions to prop up their disposal facilities by preventing waste generated in the locality from being taken anywhere else. The 1994 Supreme Court decision in the Carbone case ruled that a town's law flow-control ordinance discriminated against interstate commerce. The Second Circuit in this case provided a blueprint for local governments to avoid the Carbone decision by vesting part of the ownership of private waste disposal facilities in a public entity. The NAM filed a joint brief arguing that this ruling will seriously disrupt the interstate market in solid waste disposal services, including recyclables, and is based on a myopic focus on who owns the facility. On 1/7/02, the Supreme Court declined to review this case.