Judge Issues Injunction against Dallas Flow Control Law

Date: January 31, 2012

Source: News Room

A US District Judge has halted the City of Dallas' controversial Flow Control ordinance, ruling that it impairs waste haulers rights and impedes ongoing contractual relationships. In his 33-page opinion, U.S. District Judge Reed O'Connor affirmed arguments made by the National Solid Wastes Management Association (NSWMA) and several haulers that the ordinance violates the city's 20-year franchise agreements, reached in 2007, with local waste haulers that gave them permission to haul commercial waste to any state-approved landfill, not just the city's McCommas Bluff landfill. The law, which was to take effect on January 1, but was later delayed in light of the court proceedings, would require all haulers collecting waste within the city to take it to the city's landfill or one of its transfer stations.

The ruling is a setback for the city which planned to use the additional revenue to develop a novel material recovery facility and enhance its energy recovery from increased landfill gas and later from gasifying a portion of the non-recoverable waste.

"Based on the evidence currently before the court, the Flow Control Ordinance was enacted to raise revenue," the judge said. In doing so, he dismissed the city's argument that flow control is about the health and future of the city by citing the Dallas Mayor Rawlings' statements that the ordinance "could mean $15 to $18 million of revenue for the City coffers . . . this is a business revenue issue," Rawlings said in September.

O'Connor ruled that the city cannot enact its ordinance "until further notice from the Court."

The judge's 33-page injunction: www.wasteinfo.com/news/documents/Dallas-Flow-Control-Preliminary-Injunction-Order.pdf.

See also: "Judge Delays Decision on Dallas Flow Control Law," (www.wasteinfo.com/news/wbj20120118B.htm).

See also: "City of Dallas Defends its Waste Flow Control Law," (www.wasteinfo.com/news/wbj20111228B.htm).

See also: "NSWMA Sues City of Dallas over Flow Control Law," (www.wasteinfo.com/news/wbj20111122A.htm).

See also: "All Industry Eyes on Dallas Vote to Impose Flow Control," (www.wasteinfo.com/news/wbj20111004A.htm).

See also: "Dallas to Vote on Controversial Flow Control Measure," (www.wasteinfo.com/news/wbj20110927B.htm).

See also: "Industry Group Urges City of Dallas Not to Use Flow Control," (www.wasteinfo.com/news/wbj20110816F.htm).

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