United States Third Circuit

In a suit challenging county waste-management ordinances as unconstitutional, partial summary judgment for plaintiff, declaration that the ordinances violated the dormant Commerce Clause, and grant of a permanent injunction against enforcement of the ordinances are vacated and remanded where: 1) the intervening opinion in United Haulers Ass'n v. Oneida-Herkimer Solid Waste Mgmt. Auth., 127 S. Ct. 1786 (2007), changed the applicable law by holding that flow control ordinances that benefit a clearly public facility and which treat in-state private business interests exactly the same as out-of-state ones, do not facially discriminate against interstate commerce; and 2) a remand was appropriate to allow the district court to conduct burden-benefit balancing for a determination of whether the ordinances were discriminatory in effect.

Appellate Information

• Argued 06/03/2008
• Decided 08/06/2008
• Published 08/06/2008

Judges

• Before FISHER and JORDAN, Circuit Judges, and YOHN, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James J. Kutz (Argued), Paula J. McDermott, Post & Schell, David L. Schwalm, Thomas, Thomas & Hafer, Harrisburg, PA, for Appellants.


• For Appellees:
  
• Stephanie E. DiVittore, Charles E. Gutshall (Argued), Rhoads & Sinon, Harrisburg, PA, for Appellee.