C&A Carbone, Inc. v. Town of Clarkstown, New York
Encyclopedia
C&A Carbone, Inc. v. Town of Clarkstown, New York, was a case before the United States Supreme Court in which the plaintiff
(known as "petitioners" by the Supreme Court), a private recycler with business in Clarkstown, New York
, sought to ship its non-recyclable waste to cheaper waste processors out-of-state. Clarkstown opposed the move, and the company then brought suit, raising the unconstitutional
ity of Clarkstown's "flow control ordinance
," which required solid wastes that were not recyclable or hazardous to be deposited at a particular private company's transfer facility. The ordinance involved fees that were above market rates. The Supreme Court sided with the plaintiff, concluding that Clarkstown's ordinance violated the Dormant Commerce Clause.
Furthermore, the Supreme Court held that "Discrimination against interstate commerce in favor of local business or investment is per se invalid," with a very narrow exception where the city can show, under rigorous scrutiny, that there are no other means to advance a legitimate local interest. In the case at hand, the city could have subsidized the waste disposal plant, which is at least one alternative to the discriminatory law the city tried to use.
Justice KENNEDY delivered the opinion of the Court.
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
(known as "petitioners" by the Supreme Court), a private recycler with business in Clarkstown, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, sought to ship its non-recyclable waste to cheaper waste processors out-of-state. Clarkstown opposed the move, and the company then brought suit, raising the unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
ity of Clarkstown's "flow control ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
," which required solid wastes that were not recyclable or hazardous to be deposited at a particular private company's transfer facility. The ordinance involved fees that were above market rates. The Supreme Court sided with the plaintiff, concluding that Clarkstown's ordinance violated the Dormant Commerce Clause.
Furthermore, the Supreme Court held that "Discrimination against interstate commerce in favor of local business or investment is per se invalid," with a very narrow exception where the city can show, under rigorous scrutiny, that there are no other means to advance a legitimate local interest. In the case at hand, the city could have subsidized the waste disposal plant, which is at least one alternative to the discriminatory law the city tried to use.
Justice KENNEDY delivered the opinion of the Court.
See also
- List of United States Supreme Court cases, volume 511
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court