Flow Control Floods the Supreme Court

Danielle Jackson

Washington, D.C. -- According to the National Solid Wastes Management Association (NSWMA), the U.S. Supreme Court currently is considering three separate solid waste cases dealing with flow control. Specifically, the Court must decide if it wants to hear the cases, which concern whether state or local laws restricting the movement of solid waste interfere with interstate commerce in violation of the Commerce Clause of the U.S. Constitution.

All three cases are at the petition for certiorari stage, which means that the appealing party is asking the Court to review the appeals court's decision. If the Court decides to hear a decision, it will issue an order "granting certiorari," and briefs will follow in 2002, with a written decision expected by late 2002 or early 2003.

For more information on the cases, visit:

United Haulers Association, Inc. v Oneida-Herkimer Solid Waste Management Authority, 261 F.3d 245 (2nd Cir. 2001) at www.tourolaw.edu/2ndCircuit/July01/00-7593.html.

Maharg, Inc. v Van Wert Solid Waste Management Authority, 249 F.3d 544 (6th Cir. 2001) at http://laws.lp.findlaw.com/6th/01a0152p.html.

Waste Management Holdings, Inc. v Gilmore, 252 F.3d 316 (4th Cir. 2001) at http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=4th&navby=case&no=001185P.

The NSWMA is participating in or monitoring all three cases for its members.