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- Title
Recent Developments in Environmental Law Recent Developments: Solid Waste.
- Authors
Brickwedde, Richard J.
- Abstract
The article focuses on developments regarding solid waste in the U.S. The decision of the U.S. Court of Appeals for the Sixth Circuit in the Supreme Court case National Solid Wastes Management Association v. Daviess County declined to adopt the Second Circuit's approach to the Commerce Clause that makes distinction between private property and public property. Instead of following minority of the court as did the Second Circuit, the Sixth Circuit's decision in the case defended the Supreme Court's majority decision in C&A Carbone v. Town of Clarkstown, which failed to make the distinction between public and private property for Commerce Clause analysis purposes. Several other Supreme Court solid waste cases are discussed.
- Subjects
UNITED States; WASTE management laws; SOLID waste; APPELLATE courts; ACTIONS &; defenses (Law); INTERSTATE commerce; PERSONAL property; GOVERNMENT property; JUDGMENT (Psychology)
- Publication
Urban Lawyer, 2006, Vol 38, Issue 3, p539
- ISSN
0042-0905
- Publication type
Article