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March 31, 2004
Washington, D.C. -- The National Solid Wastes Management Association (NSWMA) filed a lawsuit in federal court in Owensboro, Kent., last week to challenge a Daviess County, Kent., law passed in February that requires all solid waste collected in the county to be disposed of at county-owned facilities. NSWMA objects to the law on the grounds that it violates established legal principles and creates a local trash monopoly. Because of the U.S. Constitution’s Commerce Clause, local solid waste laws that require haulers to deliver waste to specific facilities are typically found unconstitutional.
The Daviess County law will not take effect until the federal court reviews its legality. The NSWMA lawsuit seeks to expedite this review, and a decision is expected later this year.
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