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No flow; Federal court in Ky. rejects waste law.(News)(Kentucky)

By Geiselman, Bruce
Publication: Waste News
Date: Monday, December 6 2004

Byline: Bruce Geiselman

A federal court in Kentucky has struck down a law that would require waste haulers in Daviess County, Ky., to use only a county-owned transfer station or landfill.

The decision benefits waste management companies and represents a setback for local governments that want to direct waste to their own facilities.

District Court Judge Joseph McKinley Jr. wrote in his Nov. 19 decision that the U.S. Supreme Court's 1994 Carbone decision forbids flow control laws because they violate the U.S. Constitution by limiting interstate co

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