Supreme Court upholds flow control ordinances in New York counties

The U.S. Supreme Court upheld local “flow control” ordinances in two central New York counties requiring private haulers to obtain permits to collect solid waste in the counties imposing the ordinances and to deliver waste to the state-created Oneida-Herkimer Solid Waste Management Authority.

In 1994, the Supreme Court struck down a flow control ordinance that required haulers to deliver waste to a particular private processing facility, but the court ruled the key difference in the latest case is that a state-created public benefit corporation owned and operated the facility. (Case No. 05-1345)