Dallas Seeks New Trial in Waste Flow Case

The city of Dallas has filed a motion for a new trial in its waste flow control case.

On October 16 the U.S. District Court for the Northern District of Dallas granted a permanent injunction request by the National Solid Wastes Management Association (NSWMA) and several haulers, 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.

The city also filed objections to the plaintiffs’ bill of costs, or paying the attorney fees in the case. The court set Jan. 21 as the new deadline for response on the motions, according to court records.

In the motion the city’s argument for a new trial it claimed the court did not follow the rule of constitutional avoidance, or resolving 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.

According to the records, the plaintiffs are seeking costs of $9,222.

“We are reviewing Dallas' latest filing in the case and will respond at the appropriate time,” said David Biderman, general counsel and director, safety, for NSWMA, in an e-mail response.