Dive Brief:
- Judge Richard L. Young of the United States District Court for the Southern District of Indiana has granted the National Waste & Recycling Association (NWRA) a preliminary injunction to block Indiana's Warrick County Solid Waste Management District from allowing Renewable Resources to have exclusive rights to waste and recycling services in the county.
- Following this injunction, any hauler may provide waste and recycling services in Warrick County, and residents that would have been covered by Renewable Resources are allowed to switch providers.
- NWRA will be required to post a $50,000 bond to cover damages "if the injunction is later found to have been wrong," according to the Evansville Courier & Press.
Dive Insight:
On November 13, 2015, NWRA's Indiana Chapter filed action against Warrick County to stop the potential waste service monopoly with Renewable Resources, alleging that the contract resulted from the Commission's irregular bidding and procurement process. NWRA filed this action on behalf of Advanced Disposal, Republic Services, and Eric Gries Disposal.
Later in December, the Association and Warrick County came to a temporary agreement to allow Warrick County residents to use the hauler of their choice, however that agreement expired on January 21. If the injunction had not been granted, the deal with Renewable Resources would have provided county residents weekly trash pickup and bi-weekly recycling pickup for $14.50 a month.
The Court has rejected the District’s counterclaim for a preliminary injunction, according to NWRA.
"This is a victory for the citizens of Warrick County," said Terry Guerin, chairman of the Indiana Chapter of the NWRA, in a statement. "Competition is good for consumers, and residents of Warrick County are free to choose who will provide their curbside collection."
"I'm just happy a decision was made," said Scott Ansligner, the district's superintendent, to the Courier & Press.
Waste Dive was unable to reach the Warrick County Solid Waste Management District for comment. This story will be updated with any developments.