Associations File Brief over Flow Control Law
The Institute of Scrap Recycling Industries Inc. (ISRI) recently joined with the American Forest & Paper Association (AF&PA) and the National Association for Information Destruction (NAID) in filing an amicus curiae brief in the case of C&A Carbone, Inc. v. County of Rockland, also known as Carbone II. The case centers around a Rockland County, N.Y., flow control law forcing all trash and recyclables collected within the county to be delivered to designated facilities that are publicly owned yet privately operated.
The three amici argue, “flow control of recyclables and other valuable commodities injures them and threatens America’s growing recycling and resource recovery infrastructure, an essential part of our national economy that reduces our dependence on foreign energy, protects the environment and fuels small business creation and blue collar employment,” in the brief filed in the federal district court for the Southern District of New York.
The amici point out that the Supreme Court’s 1994 decision in C&A Carbone Inc. v. Clarkstown (also known as Carbone I) established precedent in this case, ruling that state and local flow control laws violate the Commerce Clause of the U.S. Constitution by hindering interstate trade. In a more recent case, United Haulers Ass’n. v. Oneida-Herkimer Solid Waste Mgmt. Auth. (United Haulers), however, Chief Justice John Roberts created a narrow carve-out for certain types of government-owned and operated- facilities, which Rockland claims applies in this case.
“United Haulers does not apply to recyclable property that is not discarded,” says Scott Horne, ISRI’s vice president of government relations. “Not only does Rockland’s law direct traffic to a privately run facility, but it sweeps all recyclables into the same category as traditional garbage, giving no recognition to the fact that it is property and is often sold for value.”
The brief concludes by noting that flow control laws unjustifiably violate the principle that, of all the limits on local regulation, “none is more certain than the prohibition against attempts on the part of any single state to isolate itself from difficulties common to all,” and asks the court to vindicate the constitutional protections afforded all Americans and remove Rockland County’s obstacle to trade and progress.
SWANA Supports Flow Control Ordinance
The Solid Waste Association of North America (SWANA) Executive Committee unanimously voted to support Horry County, S.C. The county’s flow control ordinance was upheld by a federal district judge.
“Flow control can work effectively to implement integrated municipal waste management programs,” says Anne Germain, SWANA international president. “That’s why SWANA supports cities, counties and waste authorities that have crafted and implemented waste facility designation programs that balance specific and unique local objectives with the legitimate interests of residents, businesses and other affected parties.”
The case is now pending in the U.S. Court of Appeals for the Fourth Circuit, which covers Maryland, Virginia, West Virginia, North Carolina and South Carolina. A decision date had not yet been set as of press time.
SWANA’s support is officially recognized by the amicus brief being submitted on behalf of a number of localities and public waste agencies.
SWANA’s policy on flow control is available at http://swana.org/portals/press_releases/SWANATechnicalPolicy onFlowControlofMSW.pdf.