United States Fifth Circuit

Plaintiffs' claim, alleging that a solid waste flow control ordinance is invalid under the dormant Commerce Clause, is dismissed where plaintiff's lack standing to challenge whether the ordinance facially discriminates against interstate commerce or out-of-state interests.

Appellate Information

• Decided 10/29/2004
• Published 11/01/2004

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, WIENER and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John G. Corlew (argued), Virginia Thompson Munford, Watkins & Eager, Jackson, MS, for National Solid Waste Management Ass'n and Waste Management of Mississippi, Inc., Thomas E. Vaughn, Allen, Vaughn, Cobb & Hood, Gulfport, MS, for BFI Waste Systems.


• For Appellees:
  
• Moran McLelland Pope, III (argued), Pope & Pope, Hattiesburg, MS, for Defendants-Appellants.