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WASTE SYSTEMS CORP. v. COUNTY OF MARTIN, MINN.

No. 92-1642.

985 F.2d 1381 (1993)

WASTE SYSTEMS CORP., an Iowa corporation, Appellee, v. COUNTY OF MARTIN, MINNESOTA; County of Faribault, Minnesota, Appellants. State of Arkansas; State of Delaware; State of Florida; State of Indiana; State of Iowa; State of Kansas; State of Maryland; State of Michigan; State of Minnesota; State of Mississippi; State of Nebraska; State of Nevada; State of New Jersey; State of North Carolina; State of North Dakota; State of Ohio; State of Pennsylvania; State of Virginia; Sierra Club; The Minnesota County Attorneys Association; The Association of Minnesota Counties; Western Lake Superior Sanitary District, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Decided February 18, 1993.

Attorney(s) appearing for the Case

Walter J. Duffy, Minneapolis, MN, argued (James R. Steffen, on the brief), for appellants.

Timothy R. Thornton, Minneapolis, MN, argued (Jack Y. Perry, on the brief), for appellee.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and VAN SICKLE, Senior District Judge.

MAGILL, Circuit Judge.

Martin and Faribault Counties appeal from an order granting Waste Systems Corporation's motion for summary judgment. Martin and Faribault Counties had enacted waste designation ordinances mandating that all compostable solid waste generated within their borders be delivered to the Prairieland Solid Waste Composting Facility. The district court1 found the ordinances violated...

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