United States Supreme Court
United Haulers Ass'n, Inc. v. Oneida-Herkimer Solid Waste Mgmt. Auth., 05-1345
In a suit brought by a trade association and individual haulers under 42 U.S.C. section 1983 alleging that certain counties' flow control ordinances involving solid waste disposal violated the Commerce Clause, the ordinances are upheld as, while the ordinances benefit a clearly public facility, they treat in-state private business interests exactly the same as out-of-state ones, and thus do not "discriminate against interstate commerce" for purposes of the dormant Commerce Clause.
Appellate Information
- Decided 04/30/2007
- Published 04/30/2007
Judges
Court
- United States Supreme Court