C & a Carbone, Inc. v. Town of Clarkstown

128 L. Ed. 2d 399, 8 Fla. L. Weekly Fed. S 96, 114 S. Ct. 1677, 511 U.S. 383, 94 Daily Journal DAR 6577, 24 Envtl. L. Rep. (Envtl. Law Inst.) 20815, 38 ERC (BNA) 1529, 1994 U.S. LEXIS 3477, 94 Cal. Daily Op. Serv. 3443, 62 U.S.L.W. 4315
CourtSupreme Court of the United States
DecidedMay 16, 1994
Docket92-1402
StatusPublished
Cited by522 cases

This text of 128 L. Ed. 2d 399 (C & a Carbone, Inc. v. Town of Clarkstown) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
C & a Carbone, Inc. v. Town of Clarkstown, 128 L. Ed. 2d 399, 8 Fla. L. Weekly Fed. S 96, 114 S. Ct. 1677, 511 U.S. 383, 94 Daily Journal DAR 6577, 24 Envtl. L. Rep. (Envtl. Law Inst.) 20815, 38 ERC (BNA) 1529, 1994 U.S. LEXIS 3477, 94 Cal. Daily Op. Serv. 3443, 62 U.S.L.W. 4315 (U.S. 1994).

Opinions

[385]*385Justice Kennedy

delivered the opinion of the Court.

As solid waste output continues apace and landfill capacity becomes more costly and scarce, state and local governments [386]*386are expending significant resources to develop trash control systems that are efficient, lawful, and protective of the environment. The difficulty of their task is evident from the number of recent cases that we have heard involving waste transfer and treatment. See Philadelphia v. New Jersey, 437 U. S. 617 (1978); Chemical Waste Management, Inc. v. Hunt, 504 U. S. 334 (1992); Fort Gratiot Sanitary Landfill, Inc. v. Michigan Dept, of Natural Resources, 504 U. S. 353 (1992); Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore., ante, p. 93. The case decided today, while perhaps a small new chapter in that course of decisions, rests nevertheless upon well-settled principles of our Commerce Clause jurisprudence.

We consider a so-called flow control ordinance, which requires all solid waste to be processed at a designated transfer station before leaving the municipality. The avowed purpose of the ordinance is to retain the processing fees charged at the transfer station to amortize the cost of the facility. Because it attains this goal by depriving competitors, including out-of-state firms, of access to a local market, we hold that the flow control ordinance violates the Commerce Clause.

The town of Clarkstown, New York, lies in the lower Hudson River Valley, just upstream from the Tappan Zee Bridge and by highway minutes from New Jersey. Within the town limits are the village of Nyack and the hamlet of West Nyack. In August 1989, Clarkstown entered into a consent [387]*387decree with the New York State Department of Environmental Conservation. The town agreed to close its landfill located on Route 303 in West Nyack and build a new solid waste transfer station on the same site. The station would receive bulk solid waste and separate recyclable from nonrecyclable items. Recyclable waste would be baled for shipment to a recycling facility; nonrecyclable waste, to a suitable landfill or incinerator.

The cost of building the transfer station was estimated at $1.4 million. A local private contractor agreed to construct the facility and operate it for five years, after which the town would buy it for $1. During those five years, the town guaranteed a minimum waste flow of 120,000 tons per year, for which the contractor could charge the hauler a so-called tipping fee of $81 per ton. If the station received less than 120,000 tons in a year, the town promised to make up the tipping fee deficit. The object of this arrangement was to amortize the cost of the transfer station: The town would finance its new facility with the income generated by the tipping fees.

The problem, of course, was how to meet the yearly guarantee. This difficulty was compounded by the fact that the tipping fee of $81 per ton exceeded the disposal cost of unsorted solid waste on the private market. The solution the town adopted was the flow control ordinance here in question, Local Laws 1990, No. 9 of the Town of Clarkstown (full text in Appendix). The ordinance requires all nonhazardous solid waste within the town to be deposited at the Route 303 transfer station. Id., §3.C (waste generated within the town), § 5.A (waste generated outside and brought in). Noncompliance is punishable by as much as a $1,000 fine and up to 15 days in jail. § 7.

The petitioners in this case are C & A Carbone, Inc., a company engaged in the processing of solid waste, and various related companies or persons, all of whom we designate Carbone. Carbone operates a recycling center in Clarks[388]*388town, where it receives bulk solid waste, sorts and bales it, and then ships it to other processing facilities — much as occurs at the town’s new transfer station. While the flow control ordinance permits recyclers like Carbone to continue receiving solid waste, §3.C, it requires them to bring the nonrecyclable residue from that waste to the Route 303 station. It thus forbids Carbone to ship the nonrecyclable waste itself, and it requires Carbone to pay a tipping fee on trash that Carbone has already sorted.

In March 1991, a tractor-trailer containing 23 bales of solid waste struck an overpass on the Palisades Interstate Parkway. When the police investigated the accident, they discovered the truck was carrying household waste from Carbone’s Clarkstown plant to an Indiana landfill. The Clarkstown police put Carbone’s plant under surveillance and in the next few days seized six more tractor-trailers leaving the facility. The trucks also contained nonrecyclable waste, originating both within and without the town, and destined for disposal sites in Illinois, Indiana, West Virginia, and Florida.

The town of Clarkstown sued Carbone in New York Supreme Court, Rockland County, seeking an injunction requiring Carbone to ship all nonrecyclable waste to the Route 303 transfer station. Carbone responded by suing in United States District Court to enjoin the flow control ordinance. On July 11, the federal court granted Carbone’s injunction, finding a sufficient likelihood that the ordinance violated the Commerce Clause of the United States Constitution. C. & A. Carbone, Inc. v. Clarkstown, 770 F. Supp. 848 (SDNY 1991).

Four days later, the New York court granted summary judgment to respondent. The court declared the flow control ordinance constitutional and enjoined Carbone to comply with it. The federal court then dissolved its injunction.

The Appellate Division affirmed. 182 App. Div. 2d 213, 587 N. Y. S. 2d 681 (2d Dept. 1992). The court found that the [389]*389ordinance did not discriminate against interstate commerce because it “applies evenhandedly to all solid waste processed within the Town, regardless of point of origin.” Id., at 222, 587 N. Y. S. 2d, at 686. The New York Court of Appeals denied Carbone’s motion for leave to appeal. 80 N. Y. 2d 760, 605 N. E. 2d 874 (1992). We granted certiorari, 508 U. S. 938 (1993), and now reverse.

At the outset we confirm that the flow control ordinance does regulate interstate commerce, despite the town’s position to the contrary. The town says that its ordinance reaches only waste within its jurisdiction and is in practical effect a quarantine: It prevents garbage from entering the stream of interstate commerce until it is made safe. This reasoning is premised, however, on an outdated and mistaken concept of what constitutes interstate commerce.

While the immediate effect of the ordinance is to direct local transport of solid waste to a designated site within the local jurisdiction, its economic effects are interstate in reach. The Carbone facility in Clarkstown receives and processes waste from places other than Clarkstown, including from out of State. By requiring Carbone to send the nonrecyclable portion of this waste to the Route 303 transfer station at an additional cost, the flow control ordinance drives up the cost for out-of-state interests to dispose of their solid waste. Furthermore, even as to waste originant in Clarkstown, the ordinance prevents everyone except the favored local operator from performing the initial processing step. The ordinance thus deprives out-of-state businesses of access to a local market.

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128 L. Ed. 2d 399, 8 Fla. L. Weekly Fed. S 96, 114 S. Ct. 1677, 511 U.S. 383, 94 Daily Journal DAR 6577, 24 Envtl. L. Rep. (Envtl. Law Inst.) 20815, 38 ERC (BNA) 1529, 1994 U.S. LEXIS 3477, 94 Cal. Daily Op. Serv. 3443, 62 U.S.L.W. 4315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/c-a-carbone-inc-v-town-of-clarkstown-scotus-1994.