Solid Waste Management: Franchise Agreement for Collecting and Processing Municipal Solid Waste Declared Invalid on Commerce Clause Grounds

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Discusses a U.S. Court of Appeals case that struck down previous cases that upheld against Commerce Clause challenges various local government arrangements that required municipal solid waste to be collected by a single hauler or disposed of in a designated facility. In Huish Detergents, Inc. v. Warren County the Court of Appeals for the Sixth Circuit decided such an arrangement imposed a flow control regime contrary to C&A Carbone, Inc. v. Town of Clarkstown.

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Local Government Law Bulletin #95

Solid Waste Management: Franchise Agreement for Collecting and Processing Municipal Solid Waste Declared Invalid on Commerce Clause Grounds

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