The National Solid Waste Management Association (NSWMA) on Monday filed an amicus brief with the U.S. Supreme Court urging the court to overturn a Second Circuit Court of Appeals decision in United Haulers Association, Inc. v. Oneida-Herkima Solid Waste Management Authority. That ruling upheld laws passed by two New York counties designating sites for the shipment of waste. The NSWMA, along with the National Association of Manufacturers and the American Trucking Association, who cosigned the brief, are concerned that allowing these laws to stand would open the door to flow control.
“Flow control will significantly reduce competition and raises prices for businesses and homeowners,” said NSWMA General Counsel David Biderman in a NSWMA press release.
In the Second Circuit Court decision, the judge drew a distinction between publicly-owned and privately-owned facilities, stating that there can be no discrimination against interstate commerce when favored disposal facilities are publicly owned. In its amicus brief, NSWMA questions this assessment, arguing that the effect on interstate commerce is the same, regardless of who owns the facilities.