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NSWMA Pleased By Supreme Court Hearing in Flow Control Case

Date: January 8, 2007

Source: NSWMA

NSWMA Pleased By Supreme Court Hearing in Flow Control Case

Association Urges Local Governments to Delay Passing New Flow Control Laws Until Court Issues Decision

Washington, DC The National Solid Wastes Management Association (NSWMA) is pleased by today's oral argument before the United States Supreme Court in United Haulers Assoc. Inc. v. Oneida-Herkimer Solid Waste Management Authority, regarding whether a flow control law favoring a publicly-owned waste facility should be held to a lower standard of review than a private facility in determining if the Commerce Clause has been violated. NSWMA is optimistic the Court will strike down the upstate New York flow control laws at issue in the case later this year.

NSWMA's General Counsel, David Biderman, commented several Justices were openly hostile to the waste authority's argument that its laws establishing a local waste monopoly do not violate the Commerce Clause. Biderman urges local governments considering flow control laws to hold off on legislative action until the Court issues a decision: "It would be foolish for a town or county to pass a flow control law right now, while the Court's decision in United Haulers is pending. Local governments should wait a few months until the Court provides guidance on the legal issues raised in the United Haulers case."

NSWMA filed an amicus brief in support of the United Haulers Association in the case. The Supreme Court is expected to issue a decision in the case by June 2007.


NSWMA is the non-profit trade association representing for-profit companies providing solid and medical waste collection, recycling, and disposal services throughout North America.

For more information, contact:
David Biderman

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