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Dallas Seeks New Trial in Waste Flow Control Case

Date: November 14, 2012

Source: News Room

Perhaps grasping at legal straws, the City of Dallas is seeking a new trial for its doomed flow control law. The city filed a motion for a new trial on the grounds that U.S. District Court judge Reed O'Connor's ruling against the measure last month, did not follow various legal guidelines. The city's attorney called the judges ruling "manifestly erroneous" and said it did not obey the "rule of constitutional avoidance," or resolving the case on non-constitutional grounds if possible, and failed to "show proper deference to a democratically elected legislature," and improperly identified the applicable dates and parties for the injunctive relief, among other legal technicalities.

At issue is O'Connor's ruling on Oct. 16 that granted a permanent injunction against the city's flow control law that would have dictated that all waste generated within the city be hauled to the city's landfill. The law was challenged by the National Solid Wastes Management Association (NSWMA) and several haulers who argued that the law violated their existing 20-year franchise contracts with the city, reached in 2007. As such, it violated the Contract Clause of the U.S. Constitution as well as Texas state law and the Dallas city charter, they argued. The court determined that the city enacted the law for economic gain "at the expense of the franchisees' rights. This is an unreasonable exercise of its police powers," the court said in its ruling.

See also: "Court Issues Permanent Injunction against Dallas Flow Control Law," (www.wasteinfo.com/news/wbj20121016A.htm), October 16, 2012.

See also: "Judge Issues Injunction against Dallas Flow Control Law," (www.wasteinfo.com/news/wbj20120201A.htm), January 31, 2012.

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