Supreme Court Decision on Flow Control Case

Supreme Court Decision on Flow Control Case<br>Pre-recorded E-Session<br><br>*** Downloadable ***

Originally Presented:
May 4, 2007
2:00 PM EDT

Downloadable version of this E-Session now available!

Order this Pre-Recorded E-Session below.

Download includes (1) an audio recording of the E-Session, (2) a copy of the presentation slides, (3) chat box text from during the presentation, and (4) a copy of the U.S. Supreme Court decision.

Issues and Impacts of United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority

Moderator: Barry Shanoff,Knopf & Brown, SWANA General Counsel

Commentators:
Michael J. Cahill,Germano & Cahill, Attorney for Oneida-Herkimer Solid Waste Management Authority
David Biderman, NSWMA General Counsel

By a 6-3 margin, the U.S. Supreme Court ruled on April 30 that county ordinances directing locally generated wastes to publicly owned waste facilities do not discriminate against interstate commerce. United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, No. 05-1345. A four-member plurality of justices cited “compelling reasons” to treat these regulations different from laws favoring particular private businesses over their competitors. The ruling was the first waste-related decided by the court in 13 years.

In 1994, the Supreme Court ruled that a town’s flow control ordinance discriminated against interstate commerce by favoring a privately owned in-town facility over out-of-state private facilities. C&A Carbone v. Town of Clarkstown, 511 U.S. 383. The plurality held that Carbone did not address the public-private distinction, and thus has no effect on the United Haulers case. Two other justices, Scalia and Thomas, agreed with the plurality’s conclusion that the ordinances did not discriminate, but expressed different reasons for their concurrence.

Come hear a panel of experts discuss the impact of the decision on local government flow control measures.

Issues to be discussed include:

Interstate vs. intrastate commerce.

Remaining legal hurdles for flow control.

Benefits to private and public entities.

What influence Carbone still has.

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		SWANA Members Supreme Court Decision on Flow Control Case Pre-recorded E-Session SWANA Members ETSPECIALSCFC507-memdl$49.00


		Non-Members Supreme Court Decision on Flow Control Case Pre-recorded E-Session Non-Members ETSPECIALSCFC507-nondl$149.00

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