November 20, 2015
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The National Waste & Recycling Association (“NWRA”) filed a November 13th Complaint for Declaratory and Injunctive Relief (“Complaint”) against Warrick County Solid Waste Management District (Indiana) (“District”) in the United States District Court (Southern District of Indiana) addressing four resolutions adopted by the District.
NWRA alleges that the District’s resolutions grant Renewable Resources, LLC (“Renewable”) a monopoly of the curbside collection and processing of solid waste and recyclable materials in Warrick County, Indiana.
NWRA alleges:
- Imposition of an excessive burden on interstate trade
- Impermissible discrimination against out-of-state solid waste and recycling companies
- Exceedance of the powers of the District granted by the Indiana General Assembly
NWRA cites C&A Carbone, Inc. v. Town of Clarkstown, New York in arguing that the District’s decision to grant Renewable a monopoly over processing solid waste and recycling materials creates impermissible burden on interstate commerce. It further argues that granting a private contractor a monopoly over processing solid waste and recyclable materials exceeds the District’s authority under Indiana law. As to the curbside waste and recyclable material collection program, the Complaint states that the District’s “process to award Renewable a monopoly did not allow in-state and out-of-state bidders to compete freely on a level playing field, which also violated the dormant Commerce Clause.”
The Complaint seeks injunctive relief to enjoin the award of what it characterizes as a de facto monopoly of the processing of waste and recycling in Warrick County.
Click here to download a copy of the Complaint.
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