Court Extends Dallas Waste Flow Control Case Deadline

Allan Gerlat, News Editor

January 28, 2013

1 Min Read
Court Extends Dallas Waste Flow Control Case Deadline

A federal judge has extended the deadline for the National Solid Wastes Management Association (NSWMA) to respond to Dallas’ request for a new trial in their waste flow control case to Feb. 21.

Both sides agreed to the motion, according to court records.

The U.S. District Court for the Northern District of Dallas had set Jan. 21 s the deadline for response to the city’s motions, which also include objections to the NSWMA bill of costs for the previous trial.

On Oct. 16 the court granted the NSWMA’s permanent injunction request, determining that the city did violate the Contract Clause of the U.S. Constitution as well as Texas state law and the Dallas city charter with the law it passed in September 2011 directing Dallas waste to go to the city’s McCommas Bluff landfill.

In late November the city moved for a new trial, claiming the court did not follow the rule of constitutional avoidance, or resolve the case on non-constitutional grounds if possible. The court did not give proper deference to the city’s democratically elected legislature. It improperly enjoins criminal prosecution in state court. And it improperly identifies the applicable dates and parties for the injunctive relief, according to the city’s filing.

About the Author(s)

Allan Gerlat

News Editor, Waste360

Allan Gerlat joined the Waste360 staff in September 2011 as news editor. He was the editor of Waste & Recycling News for the first 16 years of its history, and under his guidance the publication won 27 national and regional awards.

Before Waste & Recycling News, Allan worked at another Crain Communications publication, Rubber & Plastics News, which covers rubber product manufacturing. He began with the publication as associate editor and eventually became managing editor, a position he held for nine years.

Allan is a graduate of Ohio University, where he earned a BS in journalism. He is based in Sagamore Hills, in northeast Ohio.

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