Federal Appeals Court Upholds Flow Control Issue

New York -- The Second Circuit Court of Appeals has reversed a prior federal district court decision, ruling that New York's Oneida and Herkimer counties' flow control rules are exempt from the Commerce Clause because the counties designated a publicly owned waste disposal facility. The decision was handed back to the federal district court, where it originally was supported by the 1994 U.S. Supreme Court decision,

C&A Carbone v. Town of Clarkstown

, which ruled that flow control is prohibited.