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C & A CARBONE, INC. v. TOWN OF CLARKSTOWN

No. 92-1402.

511 U.S. 383 (1994)

C & A CARBONE, INC., et al. v. TOWN OF CLARKSTOWN, NEW YORK

United States Supreme Court.

Decided May 16, 1994.

Attorney(s) appearing for the Case

Betty Jo Christian argued the cause for petitioners. With her on the briefs were Paul J. Ondrasik, Jr., David Silverman, Kenneth Resnik, and Charles G. Cole.

William C. Brashares argued the cause for respondent. With him on the brief were Murray N. Jacobson and Richard A. Glickel.*

Kennedy, J., delivered the opinion of the Court, in which Stevens, Scalia, Thomas, and Ginsburg, JJ., joined. O'Connor, J., filed an opinion concurring in the judgment, p. 401. Souter, J., filed a dissenting opinion, in which Rehnquist, C. J., and Blackmun, J., joined, p. 410.

Justice Kennedy, delivered the opinion of the Court.

As solid waste output continues apace and landfill capacity becomes more costly and scarce, state and local governments are expending significant resources to develop trash control systems that are efficient, lawful, and protective of the environment. The difficulty of their task is evident from the number of recent cases that...

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