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Abstract:
In solid waste management flow-control means a local government directing where solid waste generated within its jurisdiction is to be transported or disposed of. The local government wants to ensure that the waste is disposed of in an environmentally sound manner. Private solid waste management companies oppose this as they consider the restrictions as anti-competitive and harmful to their business interests. In the case discussed here the Court held that flow-control ordinances do violate the commerce clause of the US Constitution.
Abstract:
This bulletin discusses three U.S. Courts of Appeals cases that show the continuing ingenuity of state and local governments in avoiding the C&A Carbone, Inc. v. Town of Clarkstown prohibition against flow control ordinances and the willingness of the federal courts of appeals to uphold these arrangements.