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Keywords

plaintiffstatuteappealsolid waste

plaintiffstatutesolid waste

Related Cases

Government Suppliers Consolidating Services, Inc. v. Bayh, 975 F.2d 1267, 35 ERC 1622, 61 USLW 2181, 23 Envtl. L. Rep. 20,042

Facts

The plaintiffs, brokers of municipal solid waste, arranged for trucks to transport waste from New York, New Jersey, and Pennsylvania to landfills in Indiana. They challenged the constitutionality of Indiana statutes regulating this transport, which were enacted to limit out-of-state waste disposal in Indiana. The district court upheld most provisions but struck down one, leading to cross appeals from both parties regarding the constitutionality of the remaining provisions.

The plaintiffs, who are brokers of municipal solid waste, arrange for trucks to haul waste from temporary storage sites in New York, New Jersey, and Pennsylvania to landfills in Indiana.

Issue

Did the Indiana statutes regulating the trucking of municipal waste violate the Commerce Clause by imposing undue burdens on interstate commerce?

Rule

The court applied the dormant Commerce Clause principles, evaluating whether the statutes discriminated against interstate commerce or imposed excessive burdens relative to local benefits.

Analysis

The court found that the backhaul ban and registration requirements, while facially neutral, had a discriminatory effect on interstate commerce by primarily impacting out-of-state waste haulers. The court applied the Pike test, determining that the burdens imposed by the statutes were excessive compared to the local benefits they purported to provide, such as health protection and local economic interests.

The court found that the backhaul ban and registration requirements, while facially neutral, had a discriminatory effect on interstate commerce by primarily impacting out-of-state waste haulers.

Conclusion

The court affirmed in part and reversed in part, ruling that several provisions of the Indiana statutes violated the Commerce Clause and were therefore unconstitutional.

Who won?

The brokers of municipal solid waste prevailed in part, as the court struck down key provisions of the Indiana statutes that were found to violate the Commerce Clause.

The plaintiffs challenge a set of statutory provisions regulating the transport and disposal of municipal waste in Indiana.

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Keywords

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Friends of Blackwater v. Salazar, 691 F.3d 428, 402 U.S.App.D.C. 276

Oregon Waste Systems, Inc. v. Department of Environmental Quality of State of Or., 511 U.S. 93, 114 S.Ct. 1345, 128 L.Ed.2d 13, 38 ERC 1249, 73 A.F.T.R.2d 94-1603, 62 USLW 4209, 24 Envtl. L. Rep. 20,674

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