Legal Opinion
Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders
Court of Appeals for the Third Circuit
Decided May 1, 1997No. Nos. 96-5567 to 96-5570PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
ROTH, Circuit Judge.
This case comes before us a second time for a determination whether New Jersey’s regulation of the disposal of solid waste is constitutional under the Commerce Clause of the Constitution. New Jersey’s “flow control” statutes require waste management districts to contract with designated waste facilities for the disposal of locally generated waste. Following the Supreme Court’s decision in C & A Carbone, Inc. v. Town of *656Clarkstown, 511 U.S. 383, 114 S.Ct. 1677, 128 L.Ed.2d 399 (1994), we held that these laws discriminated against interstate commerce in…
2Cases cited31 opinions
- Brown v. Board of EducationSupreme Court of the United States · 1954
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Hutto v. FinneySupreme Court of the United States · 1979
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Hilton v. BraunskillSupreme Court of the United States · 1987
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3Cited by10 opinions
- National Waste Recycling, Inc. v. Middlesex County Improvement Authority & Waste Management of North Jersey, Inc.Supreme Court of New Jersey · 1997
- Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders of Atlantic County Atlantic County Utilities Authority Board of Chosen Freeholders of Camden County Pollution Control Financing Authority of Camden County Scott A. Weiner, Individually and in His Capacity as Commissioner of New Jersey Department of Environmental Protection and Energy, Mercer County Improvement Authority Hudson County Improvement Authority Essex County Utilities Authority Passaic County Utilities Authority Cape May County Municipal Utilities Authority Camden County Energy Recovery Associates, L.P., Intervenor-Defendants C & a Carbone, Inc. Bret Schundler, Mayor, in His Capacity as Mayor of City of Jersey City John Rooney, Mayor, in His Capacity as Mayor of Borough of Northvale National Solid Waste Management Association, New Jersey Chapter Waste Management Association of New Jersey City of Passaic City of Paterson Dwight Destefan, Mayor, Individually and in His Capacity as Mayor of the Township of River Vale v. Robert C. Shinn, Jr., Individually and in His Capacity as Commissioner of New Jersey Department of Environmental Protection and Energy New Jersey Department of Environmental Protection and Energy Larry J. McClure Individually and in His Official Capacity as Executive Director of the Bergen County Utilities Authority Bergen County Utilities Authority Mark Guarino, Individually and in His Official Capacity as Director of the Bergen County Health Department Bergen County Health Department Kenneth Blane, Individually and in His Official Capacity as Executive Director of the Hudson County Improvement Authority Hudson County Improvement Authority Carol Ann Wilson, Individually and in Her Official Capacity as Director of the Hudson County Health Department William P. Schuber, Individually and in His Official Capacity as County Executive for Bergen County Robert C. Janiszewski, Individually and in His Official Capacity as County Executive for Hudson County Passaic County Utilities Authority Anthony Ross, Individually and in His Capacity as Executive Director Nicola R. Didonna, Individually and in His Capacity as County Executive for the County of Passaic. National Solid Wastes Management Association Waste Management Association of New Jersey and C & a Carbone, in 96-5567. New Jersey Department of Environmental Protection Scott A. Weiner and Robert C. Shinn, Jr., Commissioner, in 96-5568. Cape May County Municipal Utilities Authority ("Cmcmua"), in 96-5569. Essex County Utilities Authority Hudson County Improvement Authority Mercer County Improvement Authority and Passaic County Utilities Authority, in 96-5570Court of Appeals for the Third Circuit · 1997
- Borough of Princeton v. Board of Chosen FreeholdersNew Jersey Superior Court Appellate Division · 2000
- In Re Ownership of Renewable Energy CertificatesNew Jersey Superior Court Appellate Division · 2007
- Atlantic Coast Demo. and Recycling, Inc. v. Bd. of Chosen Freeholders of Atlantic Cty.District Court, D. New Jersey · 1997
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