National Solid Wastes Management Ass'n v. Charter County of Wayne

OPINION AND ORDER OF THE COURT GRANTING PLAINTIFFS’ MOTION FOR DECLARATORY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR DECLARATORY JUDGMENT AND SUMMARY JUDGMENT

BATTANI, District Judge.

I. INTRODUCTION

Before the Court are Plaintiffs’ Motion for Declaratory Relief and Defendants’ Cross-Motion for Declaratory Judgment and Summary Judgment. On September 5, 2003, Plaintiff filed a complaint for Declaratory and Injunctive relief, challenging the constitutionality of a county waste disposal ordinance under the domestic Commerce Clause, foreign Commerce Clause, Foreign Affairs Power, and substantive…