Dallas Seeks New Trial in Waste Flow Case

Allan Gerlat, News Editor

November 26, 2012

1 Min Read
Dallas Seeks New Trial in Waste Flow Case

The city of Dallas has filed a motion for a new trial in its waste flow control case.

On October 16 the U.S. District Court for the Northern District of Dallas granted a permanent injunction request by the National Solid Wastes Management Association (NSWMA) and several haulers, determining that the city did violate the Contract Clause of the U.S. Constitution as well as Texas state law and the Dallas city charter with the law it passed in September 2011 directing Dallas waste to go to the city’s McCommas Bluff landfill.

The city also filed objections to the plaintiffs’ bill of costs, or paying the attorney fees in the case. The court set Jan. 21 as the new deadline for response on the motions, according to court records.

In the motion the city’s argument for a new trial it claimed the court did not follow the rule of constitutional avoidance, or resolving the case on non-constitutional grounds if possible. The court did not give proper deference to the city’s democratically elected legislature. It improperly enjoins criminal prosecution in state court. And it improperly identifies the applicable dates and parties for the injunctive relief, according to the city’s filing.

According to the records, the plaintiffs are seeking costs of $9,222.

“We are reviewing Dallas' latest filing in the case and will respond at the appropriate time,” said David Biderman, general counsel and director, safety, for NSWMA, in an e-mail response.

About the Author(s)

Allan Gerlat

News Editor, Waste360

Allan Gerlat joined the Waste360 staff in September 2011 as news editor. He was the editor of Waste & Recycling News for the first 16 years of its history, and under his guidance the publication won 27 national and regional awards.

Before Waste & Recycling News, Allan worked at another Crain Communications publication, Rubber & Plastics News, which covers rubber product manufacturing. He began with the publication as associate editor and eventually became managing editor, a position he held for nine years.

Allan is a graduate of Ohio University, where he earned a BS in journalism. He is based in Sagamore Hills, in northeast Ohio.

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