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Constitutional Law Keyed to Shanor
United Haulers v. Oneida-Herkimer Solid Waste Management Authority
Citation:
550 U.S. 330 (2007)Facts
“Flow control” ordinances require trash haulers to deliver solid waste to a particular waste processing facility. The laws at issue require haulers to bring waste to facilities owned and operated by a state-created public benefit corporation. In 1989, the Counties entered into an agreement, under which the Authority agreed to manage all solid waste within the Counties. Private haulers would remain free to pick up citizens’ trash from the curb, but the Authority would take over the job of processing the trash, sorting it, and sending it off for disposal. The Counties enacted “flow control” ordinances requiring that all solid waste generated within the Counties be delivered to the Authority’s processing sites. Private haulers must obtain a permit from the Authority to collect waste in the Counties.
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