BFI Medical Waste Systems Inc. v. Whatcom County

MEMORANDUM ORDER GRANTING SUMMARY JUDGMENT TO PLAINTIFFS

JOHN L. WEINBERG, United States Magistrate Judge.

INTRODUCTION

Plaintiffs ask this court to hold that an ordinance of defendant Whatcom County, excluding from the county infectious medical wastes generated outside the county, violates the Commerce Clause of the U.S. Constitution.

The parties have consented to proceed before a United States Magistrate Judge, pursuant to 28 U.S.C. § 636(c).

Earlier in this case, plaintiffs secured a preliminary injunction, deferring the effective date of the ordinance pending final judgment. Both sides have…