ATLANTIC COAST DEMOLITION & RECYCLING, INC., Plaintiff,
v.
BOARD OF CHOSEN FREEHOLDERS OF ATLANTIC COUNTY; Atlantic County Utilities Authority; Board of Chosen Freeholders of Camden County; Pollution Control Financing Authority of Camden County; Scott A. Weiner, Individually and in his capacity as Commissioner of New Jersey Department of Environmental Protection and Energy, Defendants,
Mercer County Improvement Authority; Hudson County Improvement Authority; Essex County Utilities Authority; Passaic County Utilities Authority; Cape May County Municipal Utilities Authority; Camden County Energy Recovery Associates, L.P., Intervenor-Defendants
C & A CARBONE, INC.; Bret Schundler, Mayor, in his capacity as Mayor of city of Jersey City; John Rooney, Mayor, in his capacity as Mayor of Borough of Northvale; National Solid Waste Management Association, New Jersey Chapter; Waste Management Association of New Jersey; City of Passaic; City of Paterson; Dwight Destefan, Mayor, Individually and in his capacity as Mayor of the Township of River Vale, Plaintiffs,
v.
Robert C. SHINN, Jr., Individually and in his capacity as Commissioner of New Jersey Department of Environmental Protection and Energy; New Jersey Department of Environmental Protection and Energy; Larry J. McClure, Individually and in his official capacity as Executive Director of the Bergen County Utilities Authority; Bergen County Utilities Authority; Mark Guarino, Individually and in his official capacity as Director of the Bergen County Health Department; Bergen County Health Department; Kenneth Blane, Individually and in his official capacity as Executive Director of the Hudson County Improvement Authority; Hudson County Improvement Authority; Carol Ann Wilson, Individually and in her official capacity as Director of the Hudson County Health Department; William P. Schuber, Individually and in his official capacity as County Executive for Bergen County; Robert C. Janiszewski, Individually and in his official capacity as County Executive for Hudson County; Passaic County Utilities Authority; Anthony Ross, Individually and in his capacity as Executive Director; Nicola R. Didonna, Individually and in his capacity as County Executive for the County of Passaic.
National Solid Wastes Management Association; Waste Management Association of New Jersey; and C & A Carbone, Appellants in 96-5567.
New Jersey Department of Environmental Protection; Scott A. Weiner; and Robert C. Shinn, Jr., Commissioner, Appellants in 96-5568.
Cape May County Municipal Utilities Authority ("CMCMUA"), Appellants in 96-5569.
Essex County Utilities Authority; Hudson County Improvement Authority; Mercer County Improvement Authority; and Passaic County Utilities Authority, Appellants in 96-5570.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued December 17, 1996.
Decided May 1, 1997.
Attorney(s) appearing for the Case
Mark R. Rosen (argued), Mesirov, Gelman, Jaffe, Cramer & Jamieson, Haddonfield, New Jersey, for Appellee Atlantic Coast Demolition & Recycling, Inc.
Betty J. Christian (argued), Paul J. Ondrasik, Jr., William T. Hassler, David A. Stein, Steptoe & Johnson, L.L.P., Washington, D.C., and Joseph Torre, Torre & Torre, Hasbrouck Heights, New Jersey, for Appellants National Solid Wastes Management Association; C & A Carbone, Inc; and Waste Management Association of New Jersey.
Peter Verniero, Attorney General of New Jersey, Division of Law, Trenton, New Jersey, Andrea M. Silkowitz, Assistant Attorney General, Gail M. Lambert (argued), and Stefanie A. Brand, Deputy Attorneys General of New Jersey, Newark, New Jersey, for Appellees Robert C. Shinn, Jr.; Scott Weiner, Individually and in his capacity as Commissioner of New Jersey Department of Environmental Protection and Energy, and New Jersey Department of Environmental Protection.
Barbara H. Parker, Office of County Counsel, Hackensack, New Jersey, for Appellees Mark Guarino, Individually and in his official capacity as Director of the Bergen County Health Department, and William P. Schuber, Individually and in his official capacity as County Executive for Bergen County.
Thomas S. Higgins, Higgins, Long & Bonfiglio, Laurel Springs, New Jersey, for Appellee Cape May County Municipal Utilities Authority.
J. Sheldon Cohen (argued), DeCotiis, Fitzpatrick & Gluck, Teaneck, New Jersey, for Appellants Essex County Utilities Authority; Hudson County Improvement Authority; Mercer County Improvement Authority and Passaic County Utilities Authority.
Stephen P. Sinisi (argued) and Scott G. Sproviero, Sinisi, Van Dam, Spoviero & Sokolich, Paramus, New Jersey, for Appellee Bergen County Utilities Authority.
Gage Andretta and David J. Sprong, Wolff & Samson, Roseland, New Jersey, for Amicus Curiae, Camden County Energy Recovery Associates, L.P.
Before: STAPLETON, ROTH and GARTH, Circuit Judges
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ROTH, Circuit Judge.
This case comes before us a second time for a determination whether New Jersey's regulation of the disposal of solid waste is constitutional under the Commerce Clause of the Constitution. New Jersey's "flow control" statutes require waste management districts to contract with designated waste facilities for the disposal of locally generated waste. Following the Supreme Court's decision in C & A Carbone, Inc...
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