In Fight Over Garbage, Justices Rule In Favor of Local Governments

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

WASHINGTON — The Supreme Court ruled yesterday that local governments can compel private trash haulers to use municipal facilities, even if it would cost more to keep garbage at home than to dispose of it elsewhere.

The ruling upholding local ordinances in upstate New York protects a stream of money that allows the counties, like other governments that have built recycling centers and landfills, to help pay off millions of dollars in debt they incurred to establish such facilities.

The trash companies had argued that the counties violated constitutional protections for interstate commerce. The companies said they would pay much less to send the garbage to out-of-state transfer stations where it is sorted and baled before being shipped off for permanent disposal.

But the court, in a 6–3 decision, said the Oneida-Herkimer Solid Waste Management Authority treats “in-state private business interests exactly the same as out-ofstate ones,” avoiding any constitutional problems.

“It bears mentioning that the most palpable harm imposed by the ordinances – more expensive trash removal – is likely to fall upon the very people who voted for the law,” Chief Justice Roberts wrote for the court. The justices decided a similar case in 1994, ruling 6–3 that local governments unlawfully restricted interstate commerce by requiring that garbage be sent to a designated transfer facility.

In that case, the facility was privately owned. The case the court decided yesterday involves government-owned transfer stations.


The New York Sun

© 2025 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  Create a free account

or
By continuing you agree to our Privacy Policy and Terms of Use