Record #:

20579

Author(s):

Campbell, William A.

Abstract:

This bulletin discusses a U.S. Court of Appeals case that struck down previous cases that upheld against Commerce Clause challenges various local government arrangements that required municipal solid waste to be collected by a single hauler or disposed of in a designated facility. In Huish Detergents, Inc. v. Warren County the Court of Appeals for the Sixth Circuit decided such an arrangement imposed a flow control regime contrary to C&A Carbone, Inc. v. Town of Clarkstown. This case, along with others that preceded it, offers some useful lessons to local governments in how not to structure exclusive hauling and disposal arrangements.

Source:

Local Government Law Bulletin (NoCar KFN 7830 A15 L6), Vol. Issue 95, Aug 2000, p1-3, f

Subject(s):

Solid waste management--Franchise agreements; Solid waste--Hauling and disposal of