United Haulers Association appeals flow control case to Supreme Court

The United Haulers Association (UHA) has filed a Petition for Certiorari with the U.S. Supreme Court in an 11-year-long flow control case in upstate New York. According to National Solid Wastes Management Association (NSWMA) General Counsel David Biderman, the petition focuses on the split between two federal appeals courts decisions – NSWMA v. Daviess County, Ky. and UHA v. Oneida-Herkimer Solid Waste Management Authority – and on the correct legal standard for reviewing the legality of flow control laws under the Commerce Clause.

The Supreme Court will decide by October whether it will hear the case.