Supreme Court Rejects Flow Control Case

Danielle Jackson

Washington, D.C. -- The U.S. Supreme Court announced on Monday that it will not hear a flow control case based on a Petition for Certiorari filed by the United Haulers Association and an amicus brief filed by the National Solid Wastes Management Association (NSWMA).

In the amicus brief, the NSWMA urged the Court to review a July 2001 federal appeals court flow control decision [United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 2d Cir. July 27, 2001].

The amicus brief was filed by the NSWMA in support of the United Haulers' Petition for Certiorari, in which it argued 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.

According to David Biderman, general counsel for NSWMA, the case now will return to the federal district court to determine its constitutionality.