Nevada-based Green Solutions Recycling (GSR) has filed an appeal over the previous dismissal of its price-fixing case against Reno Disposal Company, a subsidiary of Waste Management.
Waste Dive reports that GSR’s brief, which was filed in the U.S. Court of Appeals for the Ninth Circuit on June 14, outlines disputes and “price pegging” for recyclables under Waste Management’s commercial franchise agreement with the city. According to the report, Reno Disposal, Waste Management and the city of Reno, Nev., have until August 14 to file their own briefs.
At the beginning of the year, a federal judge in Nevada found that Waste Management’s commercial franchise agreement is protected by state law and does not constitute price fixing following a lawsuit from GSR.
Waste Management's franchise contract with Reno dates back to 2012 through multiple subsidiaries, and the company was targeted in prior lawsuits by other local competitors for its acquisition strategy around the time of this contract award, according to a previous report.
Waste Dive has more information:
Nevada-based Green Solutions Recycling (GSR) has filed an appeal with the U.S. Court of Appeals for the Ninth Circuit over the prior dismissal of its case against Waste Management subsidiary Reno Disposal Company. While the company's argument is primarily focused on the applicability of federal antitrust law as it relates to state regulations, Nevada's definition of recycling itself is also a key element.
"Notably missing from those statutes is the Nevada Legislature’s clearly articulated and affirmatively expressed state policy authorizing municipalities to grant a monopoly for recycling," reads a brief filed on June 14, adding, "Vitally, recyclable materials that are not treated as waste are not 'garbage and other waste' under Nevada law. Equally important, 'disposal' is a distinct service from 'recycling.'"
The GSR brief also outlines various other disputes, including price "pegging" for recyclables and the city's lack of supervision over competitive practices per state requirements. Waste Management, its subsidiary and the City of Reno now have until Aug. 14 to file their own answering briefs.