THERE WERE ONLY FOUR SOLID WASTE CASES of any import this past year. The first of these was the U.S. Court of Appeals for the Sixth Circuit’s decision in National Solid Wastes Management Ass’n v. Daviess County (NSWMA v. Daviess). This decision declined to adopt the Second Circuit’s approach to the Commerce Clause that makes a distinction between private property and public property. The Second Circuit’s approach is illustrated in United Haulers Ass’n v. Oneida-Herkimer Solid Waste Management Authority (United Haulers I), which promoted a minority of the Supreme Court in C&A Carbone, Inc. v. Town of Clarkstown as authority to overrule the majority. Instead of following a minority of the court as the Second Circuit did, the Sixth Circuit’s decision in NSWMA v. Daviess defended the Supreme Court’s majority decision in C&A Carbone v. Town of Clarkstown which failed to make the distinction between public and private property for Commerce Clause analysis purposes Recent Developments:

Solid Waste (complete document in PDF format)