Law, Business and Society 11th Edition by Tony McAdams

Exercise 69

In 1988, Oneida and Herkimer counties in upstate New York created a Solid Waste Management Authority and enacted a "flow control ordinance" requiring that all waste generated within their borders was to be delivered to the Authority's newly created waste processing facilities. In 1995, six waste haulers and a trade association sued the Authority and the counties claiming that the flow control ordinance and associated regulations violated the Commerce Clause by discriminating against interstate commerce. The plaintiffs provided evidence that they could dispose of the waste much less expensively at out-of-state facilities. How would you rule in this case Explain. See United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority ,127 S.Ct 1786 (2007).