Philadelphia partner Andy Foster recently authored an article for Law360 titled, “Talking Trash: 4th Circ. on Dormant Commerce Clause.”
The article discusses a recent opinion issued by a Fourth Circuit panel situated at the familiar intersection of dormant Commerce Clause jurisprudence and trash. Affirming a trial court’s grant of summary judgment, the Court rejected a private company’s dormant Commerce Clause challenge to a so-called solid waste “flow control” ordinance enacted by Horry County, S.C., Sandlands C&D v. Horry County.
Dormant Commerce Clause challenges typically involve difficult knots and hidden nuances. Andy discusses the Fourth Circuit’s opinion in Sandlands C&D and the close resemblance between Horry County’s flow control ordinance and the “clearly public” solid waste management system upheld in the Supreme Court’s 2008 decision in United Haulers v. Oneida-Herkimer Counties. The article concludes that dormant Commerce Clause issues and challenges are by no means limited to solid waste cases. Decisions like Sandlands C&D decided in one substantive area carry important ramifications for other industries and commerce, including for example, cutting-edge regulation of renewable energy systems and pharmaceutical “take-back” programs.
Together with Princeton partner Ross Lewin, Philadelphia partner Alicia Hickok and Philadelphia associates Leigh Bausinger, Brian Pickard and Nicole Josko, Andy currently is representing C&A Carbone, Inc. and the National Solid Waste Management Association in a dormant Commerce Clause case pending in the Southern District of New York challenging a local solid waste and recycling flow control ordinance.
To read the full article, please click here.