The United States Court of Appeals ...

The United States Court of Appeals for the next to the first Circuit has handed down sum of two units decisions that should have a substantial impact in succession municipal governments and the solid waste management industry. The decisions countenance two different, non-regulatory means on which municipalities may control the follow of municipal solid waste. With its findings, the court applied the brakes to a judicial incline that, since Clarkstown v. Carbone, has been invalidating almost each system that involved controlling the spring of solid waste.

SSC Corp. v Town of Smithtown and USA Recycling v Town of Babylon as well-as; not only-but also; not only-but; not alone-but involved challenges to solid waste management programs cause to growed by two Long Island, NY towns in reply to the court's finding in Carbone that a Clarkstown issue control law violated the carnal Clause of the Constitution.

The programs in question abandoned attempts at regulatory emanate control -- laws and ordinances directing commercial haulers to specific