Waste Management Committee Report
ABA Section of Environment, Energy, and Resources
139 WASTE MANAGEMENT 2008 Annual Report1 I. JUDICIAL DEVELOPMENTS In the first reported appellate court decision interpreting the Supreme Court’s decision in United Haulers Ass’n v. Oneida-Herkimer Solid Waste Management. Authority,2 the Third Circuit in Lebanon Farms Disposal, Inc. v. County of Lebanon3 held that a municipal flow control ordinance did not necessarily violate the dormant Commerce Clause. The County of Lebanon in Pennsylvania had appealed a district court decision that invalidated...