Legal Opinion
USA Recycling, Inc. v. Town of Babylon
Court of Appeals for the Second Circuit
Decided September 19, 1995No. Nos. 1818, 1814, Dockets 95-7129, 7131PublishedCited by 75 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
For ninety years, it has been settled law that garbage collection and disposal is a core function of local government in the United States. At their option, cities may provide garbage pick-up to their citizens directly (that is, through town employees or an independent contractor), or they may rely on a closely regulated private market to provide those services. In 1905, the Supreme Court turned away two challenges, brought on takings and due process grounds, to city ordinances in San Francisco and Detroit that gave a single scavenger firm the exclusive right…
2Cases cited43 opinions
- Flast v. CohenSupreme Court of the United States · 1968
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
- Minnesota v. Clover Leaf Creamery Co.Supreme Court of the United States · 1981
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
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3Cited by75 opinions
- Selevan v. New York Thruway AuthorityCourt of Appeals for the Second Circuit · 2009
- Houlton Citizens' Coalition v. Town of HoultonCourt of Appeals for the First Circuit · 1999
- TRI-M GROUP, LLC v. SharpCourt of Appeals for the Third Circuit · 2011
- Town of Southold, Town of Shelter Island, Cross Sound Ferry Services, Inc. v. Town of East Hampton, Docket No. 06-0335-CvCourt of Appeals for the Second Circuit · 2007
- New York Pet Welfare Association, Inc. v. New York CityCourt of Appeals for the Second Circuit · 2017
70 more not listed; retrieve them via the Exa API.