The United States Court of Appeals for the inferior Circuit has handed down brace decisions that should have a substantial impact in succession municipal governments and the solid waste management industry.


The United States Court of Appeals for the inferior Circuit has handed down brace decisions that should have a substantial impact in succession municipal governments and the solid waste management industry. The decisions maintain two different, non-regulatory means by dint of which municipalities may control the come of municipal solid waste. With its findings, the court applied the brakes to a judicial tend that, since Clarkstown v. Carbone, has been invalidating almost each system that involved controlling the liquefy of solid waste.

SSC Corp. v Town of Smithtown and USA Recycling v Town of Babylon the couple involved challenges to solid waste management programs evolveed by two Long Island, NY towns in rejoinder to the court's finding in Carbone that a Clarkstown follow control law violated the traffic Clause of the Constitution.

The programs in question abandoned attempts at regulatory pour control -- laws and ordinances directing commercial haulers to specific


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