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[greenyes] Michigan trash hauling ruling

Interesting federal ruling that allows Michigan to restrict the form of waste from outside of the state that may be disposed of inside Michigan. NSWMA was on the losing side of this one. Normally, these types of restrictions are challenged on the grounds that they violate the interstate commerce clause of the Constitution.

This ruling seems quite logical to me though, in that it simply requires out-of-state waste to meet the same standards as that required of in-state waste. This is different than simple flow control (consider it "quality control"), and mirrors the thinking in international trade cases. You may regulate industries and imports, so long as the regulations are done in a non-discriminatory way.

-Doug Koplow

Doug Koplow
Earth Track, Inc.
2067 Massachusetts Avenue - 4th Floor
Cambridge, MA 02140
Tel: 617/661-4700
Fax: 617/354-0463

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