NSWMA to Ask Supreme Court To Overturn Flow Control Decision

Danielle Jackson

Washington, D.C. -- The National Solid Wastes Management Association (NSWMA) will file a brief with the U.S. Supreme Court in November asking the court to overturn a July 2001 federal appeals court flow control decision [United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority, 2d Cir. July 27, 2001].

The NSWMA intends to argue that the appeals court decision conflicts with the Supreme Court's 1994 ruling in C&A Carbone, Inc. v. Town of Clarkstown, which found that Clarkstown, N.Y.'s flow control law violated the Commerce Clause of the U.S. Constitution.

In the United Haulers case, the federal appeals court reversed a lower court ruling that the two upstate New York counties' flow control laws violated the Commerce Clause. The appeals court noted that the in the Carbone case, the designated facility was privately owned, whereas in the United Haulers case, a public authority owns the facility.

United Haulers will file a petition with the Supreme Court in late October, and the NSWMA will file a friend-of-the-court, or amicus, brief in support of the petition. Under the Supreme Court's rules, the Court can choose whether it wants to hear the case. Such a decision is expected by Feb. 2002, according to the NSWMA.