Dive Summary:
- The Solid Waste Association of North American, issued a press release commenting on the District Court ruling against the flow control ordinance enacted by the city of Dallas.
- SWANA's contends that the ruling does not undermine the right of local municipalities to enact and enforce flow control laws going forward.
- In the release, SWANA's CEO and Executive Director states that flow control can continue to be an "be an effective and legitimate instrument of integrated municipal solid waste management."
From the press release:
Silver Spring, MD. – John H. Skinner, Ph.D., Executive Director and CEO of The Solid Waste Association of North America (SWANA) issued the following statement on the October 16 decision by the U.S. District Court to issue a permanent Injunction on the flow control ordinance enacted by the City of Dallas, TX.
“Judge O’Connor’s permanent Injunction opinion is not surprising given what he said when he handed down the preliminary injunction last January. He stuck by his earlier thinking that the ordinance impairs the plaintiffs’ franchise rights under the Contracts Clause of the U.S. Constitution and also found that the ordinance violated Texas law and the Dallas city charter. The city now needs to decide whether to appeal the decision to a higher court.”
“The important point however, is that this decision in no way undermines the constitutional right of local governments to enact ordinances to require haulers to deliver locally generated solid waste to publically owned transfer or disposal facilities, as upheld by the U.S. Supreme Court in the 2007 United Haulers decision...
