Date: November 20, 2006
Source: News Room
On January 2nd, the U.S. Supreme court will hear oral arguments in the case United Haulers Association Inc. et al. v. Oneida-Herkimer Solid Waste Management Authority et al. Waste industry attorneys are arguing to the Supreme Court that it should reverse the Feb. 16 2nd Circuit court opinion on "flow control" ordinances because it is inconsistent with the landmark 1994 case C&A Carbone v. Town of Clarkstown. United Haulers argues that the flow control ordinances have the same protectionist effects as the ordinances ruled against in Carbone. The 2nd Circuit opinion distinguishes between privately and publicly owned landfills. Industry groups reject this narrow reading of Carbone.
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