Wisconsin Tipping Fee Case Sent to State Court

Danielle Jackson

Madison, Wis. -- U.S. District Court Judge John C. Shabaz has dismissed a lawsuit filed late last year by the National Solid Wastes Management Association (NSWMA) challenging Wisconsin's new $3 per ton garbage tipping fee.

Because the fee meets the definition of a tax, the judge ruled that the lawsuit should go to the state court instead of federal court. The NSWMA is free to pursue its challenge by re-filing the action in state court.

The state currently is using the estimated $17 to $21 million collected through the fee to continue subsidies to municipal recycling programs.