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USA RECYCLING, INC. v. TOWN OF BABYLON

Nos. 1818, 1814, Dockets 95-7129, 7131.

66 F.3d 1272 (1995)

USA RECYCLING, INC.; Friendly Carting, Inc.; Joseph Carione; Angelo Carione; Jean I. Carione; Louis Carione; and Carl R. Fucci, Plaintiffs-Appellees, v. TOWN OF BABYLON; Town of Babylon, New York, Commercial Garbage District No. 2; Town Board of the Town of Babylon; Richard H. Schaffer, Supervisor; Francine V. Brown, Councilwoman; Patrick Haugen, Councilman; Robert Kaufold, Councilman; Anthony Tafuri, Councilman; and Babylon Source Separation Commercial, Inc., Defendants-Appellants. A.A. & M. CARTING SERVICE, INC.; Farmingdale Carting Service, Inc.; Natale Pepe Waste Corp.; PGS Carting Co., Inc.; Joseph S. Celano; Marianne Celano; JC Industries, Inc.; C.B.S. Rubbish Co., Inc.; Farmingdale Industrial Park Association; Minersfuel Company, Inc.; Resource Conservation Corp., Plaintiffs-Appellees, v. TOWN OF BABYLON, NEW YORK, Commercial Garbage District No. 2, also known as Commercial Waste Collecting and Recycling District; Town Board of the Town of Babylon; Richard H. Schaffer; Babylon Source Separation Commercial, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 19, 1995.

Attorney(s) appearing for the Case

Frank L. Amoroso, Nixon, Hargrave, Devans & Doyle, Garden City, NY, for municipal defendants-appellants.

Anthony E. Core, Mineola, NY, for defendant-appellant BSSCI.

Betty Jo Christian, Steptoe & Johnson, Washington, DC, for plaintiffs-appellees A.A. & M. Carting Service et al.

Frederick Eisenbud, Cahn, Wishod & Lamb, Melville, NY, for plaintiffs-appellees USA Recycling, Inc., et al.

(Gordon J. Johnson, Deputy Bureau Chief, Environmental Protection Bureau, John J. Sipos, Assistant Attorney General, Dennis C. Vacco, Attorney General of the State of New York, for Amicus Curiae State of New York).

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

For ninety years, it has been settled law that garbage collection and disposal is a core function of local government in the United States. At their option, cities may provide garbage pick-up to their citizens directly (that is, through town employees or an independent contractor), or they may rely on a closely regulated private market to provide those services. In 1905, the Supreme Court turned away two challenges, brought on...

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