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[GreenYes] Wisconsin recycling fee upheld
Waste News reports on a case in which waste haulers object to Wisconsin
landfill surcharges funding recycling.  Excerpts below: read the full story

A lawsuit challenging the constitutionality of Wisconsin´s new recycling fee
has been thrown out by a federal judge who says the case belongs in state

The National Solid Wastes Management Association filed a lawsuit against the
Wisconsin Department of Natural Resources challenging the validity of a $3
fee levied on each ton of trash disposed of in the state. The fee is
expected to raise $17 million to $21 million per year, and the receipts are
earmarked fund recycling programs. The state began charging the fee Jan. 1.

Shabaz wrote in his order. "First, by increasing the cost of disposing of
waste in Wisconsin facilities, waste generators and transporters will be
motivated to address the flow of waste to Wisconsin facilities, either by
reducing total waste produced or by diverting waste to facilities out of

"Second, given the limited ability of waste producers and haulers to reduce
waste and the economics of waste transportation, the tipping fee will
produce a predictable and substantial revenue stream to fund Wisconsin´s
mandatory recycling program requirements," the judge wrote. "It is apparent
that both effects were intended and expected by the Wisconsin legislature
when enacting the law."

For more on how recycling threatens profits of the waste industry, see
articles under "Waste Industry vs. Recycling" at

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