Federal Court Issues temporary injunction against Indiana county solid waste authority

Federal Court Issues temporary injunction against Indiana county solid waste authority
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The United States District Court for the Southern District of Indiana issued a temporary injunction against the Warrick County Solid Waste Management District March 29, striking down its plan to establish an exclusive curbside waste and collection service that would have restricted competition and create a de facto monopoly for the processing of waste and recycling in the county. The complaint for an injunction was brought by the National Waste and Recycling Association (NWRA) on Nov. 13, 2015 on behalf NWRA’s Indiana Chapter. The court also rejected the district’s counterclaim for a preliminary injunction against NWRA in the matter.

In granting NWRA’s motion for a preliminary injunction, the court found, among other things, that "NWRA’s members will suffer irreparable harm absent the preliminary injunctive relief."

The court enjoined the district from enforcing its plan against any NWRA member or other party that wishes to compete to provide waste and recycling collection services in Warrick County. The plan, which was enacted by the district, was known as Resolution 2015-03. NWRA had detailed in its complaint that Resolution 2015-03 violates both the Commerce Clause of the United States Constitution and various Indiana statutes.

"This is a victory for the citizens of Warrick County," commented Terry Guerin, chairman of the Indiana Chapter of the NWRA. "Competition is good for consumers, and residents of Warrick County are free to choose who will provide their curbside collection."

This Case No. 123456789 can be accessed at www.insd.uscourts.gov/case-search-information.
 

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Source: Recycling Today
Federal Court Issues temporary injunction against Indiana county solid waste authority
<![CDATA[The United States District Court for the Southern District of Indiana issued a temporary injunction against the Warrick County Solid Waste Management District March 29, striking down its plan to establish an exclusive curbside waste and collection service that would have restricted competition and create a de facto monopoly for the processing of waste and recycling in the county. The complaint for an injunction was brought by the National Waste and Recycling Association (NWRA) on Nov. 13, 2015 on behalf NWRA’s Indiana Chapter. The court also rejected the district’s counterclaim for a preliminary injunction against NWRA in the matter. In granting NWRA’s motion for a preliminary injunction, the court found, among other things, that "NWRA’s members will suffer irreparable harm absent the preliminary injunctive relief." The court enjoined the district from enforcing its plan against any NWRA member or other party that wishes to compete to provide waste and recycling collection services in Warrick County. The plan, which was enacted by the district, was known as Resolution 2015-03. NWRA had detailed in its complaint that Resolution 2015-03 violates both the Commerce Clause of the United States Constitution and various Indiana statutes. "This is a victory for the citizens of Warrick…