United Haulers Ass’n, Inc. v. Oneida-Herkimer Solid Waste Mgm’t Authority (U.S. Supreme Court)

Certain counties in central New York passed “flow control” ordinances requiring that solid waste collected in those jurisdictions be taken to a particular facility owned by a state-created corporation to be processed. A trade association of waste haulers sued the counties, alleging that the flow-control ordinances violated the Commerce Clause. Although the district court agreed and granted an injunction, the court of appeals held in favor of the counties.  We represented the trade association before the U.S. Supreme Court, which granted our petition for certiorari, but affirmed the decision of the Second Circuit.


Petition for Certioari

Brief for Petitioners

Reply Brief (merits stage)

Supplemental Brief