Talking Trash: 4th Circ. On Dormant Commerce Clause
January 6, 2014, 4:08 PM EST
Law360, New York (January 6, 2014, 4:08 PM EST) -- On Dec. 3, 2013, a Fourth Circuit panel issued an opinion situated at the familiar intersection of dormant Commerce Clause jurisprudence and trash. Affirming a trial court’s grant of summary judgment, the court rejected a private company’s dormant Commerce Clause challenge to a so-called solid waste “flow control” ordinance enacted by Horry County, S.C., Sandlands C & D v. Horry County, 2013 U.S. App. (4th Cir.).
At first blush, the dispute presented a relatively easy case. There is a close similarity between Horry County’s flow control...