C&A Carbone, Inc. v. Town of Clarkstown, New York

C&A Carbone, Inc. v. Town of Clarkstown, New York

Infobox SCOTUS case
Litigants=C&A Carbone, Inc. v. Town of Clarkstown
ArgueDate=December 7
ArgueYear=1993
DecideDate=May 16
DecideYear=1994
FullName=C & A Carbone, Inc., et al., Petitioners v. Town of Clarkstown, New York
USVol=511
USPage=383
Citation=
Prior=
Subsequent=
Holding=Clarkstown's ordinance gave preference to local private industry and was thus unconstitutional under the Dormant Commerce Clause
SCOTUS=1993-1994
Majority=Kennedy
JoinMajority=Stevens, Scalia, Thomas, Ginsburg
Concurrence=O'Connor
Dissent=Souter
JoinDissent=Rehnquist, Blackmun
NotParticipating=
LawsApplied=U.S. Const. art. I § 8 cl. 3 (Commerce Clause), Dormant Commerce Clause

"C&A Carbone, Inc. v. Town of Clarkstown, New York", ussc|511|383|1994 was a case before the United States Supreme Court in which the plaintiff, 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 unconstitutionality 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 [http://en.wikipedia.org/wiki/Dormant_Commerce_Clause#Carbone_Decision Dormant Commerce Clause] .

ee also

* List of United States Supreme Court cases, volume 511


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