A federal judge has extended for a second time the deadline for response from the National Solid Wastes Management Association (NSWMA) on Dallas’ request for a new trial in their waste flow control case, this time to March 25.
Both sides agreed to the motion, according to court records.
The U.S. District Court for the Northern District of Dallas had set Feb. 21 and initially Jan. 21 as the deadline for response to the city’s motions, which also include objections to the NSWMA bill of costs for the previous trial.
On Oct. 16 the court granted the NSWMA’s permanent injunction request, determining that the city did violate the Contract Clause of the U.S. Constitution as well as Texas state law and the Dallas city charter with the law it passed in September 2011 directing Dallas waste to go to the city’s McCommas Bluff landfill.
In late November the city moved for a new trial, claiming the court did not follow the rule of constitutional avoidance, or resolve the case on non-constitutional grounds if possible. The court did not give proper deference to the city’s democratically elected legislature. It improperly enjoins criminal prosecution in state court. And it improperly identifies the applicable dates and parties for the injunctive relief, according to the city’s filing.