DAILY NEWS Dec 3, 2012 9:59 AM - 0 comments

Dallas wants new trial in waste flow control case

Ruling did not follow various legal guidelines, city argues

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By: SWR Staff
December 3, 2012 2012-12-03

The City of Dallas is seeking a new trial for a failed flow control ordinance that would have required commercial trash haulers to dispose of all of the solid waste, including loads of recyclable materials that have even a trace amount of waste, collected in the city to Dallas' single landfill located in the far southern sector of the city.

U.S. District Judge Reed O'Connor ruled that the flow control law impairs waste haulers' rights and would impede ongoing contractual relationships. That decision was upheld on October 16, 2012.

The city has filed a motion for a new trial on the grounds that O'Connor's ruling against the measure did not follow various legal guidelines.

The law was challenged by the National Solid Wastes Management Association (NSWMA) and several haulers who argued that the law violated their existing 20-year franchise contracts with the city, reached in 2007. 


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