Feeling the Flow

This spring marks the two-year anniversary of the U.S. Supreme Court's historic United Haulers vs. Oneida-Herkimer decision. In that ruling, which upheld flow control ordinances in the New York counties of Oneida and Herkimer, the high court told local governments that they can, without discriminating against interstate commerce, pass laws directing waste to their facilities. In its 1994 Carbone decision, the Supreme Court struck down Clarkstown, N.Y.'s flow control law — which required all trash collected in the town to be brought to a transfer station that was owned at the time by a private firm — because ...

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