Legal Opinion
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority
Court of Appeals for the Second Circuit
Decided February 16, 2006No. Docket No. 05-2024-CVPublishedCited by 4 opinions
1Opinion of the Court
KATZMANN, Circuit Judge.
In this case, we are called upon to decide whether a non-discriminatory municipal flow control regulation that does not place non-local firms at a competitive disadvantage, regulate extraterritorially, or conflict with the regulatory requirements of any other jurisdiction nonetheless violates the dormant Commerce Clause. The municipal scheme at issue requires that the garbage generated by local households and businesses be delivered to facilities which are owned and operated by a public corporation, thereby preventing this trash from being processed at non-local…
2Cases cited22 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Harper v. Virginia Board of ElectionsSupreme Court of the United States · 1966
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Maine v. TaylorSupreme Court of the United States · 1986
- M. L. B. v. S. L. J.Supreme Court of the United States · 1996
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3Cited by4 opinions
- Steel Institute v. City of New YorkDistrict Court, S.D. New York · 2011
- United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management AuthorityCourt of Appeals for the Second Circuit · 2006
- Airlines For America v. City and County of San FranciscoDistrict Court, N.D. California · 2022
- Francarl Realty Corp. v. Town of East HamptonDistrict Court, E.D. New York · 2009