C&A Carbone Hosts Briefing on Court Case

The court case that began in 2008 between C & A Carbone Inc., based in West Nyack, N.Y., and Rockland County, N.Y., over that county’s flow control ordinance continues.

Carbone claims the law restricts the open market for solid waste and recyclables in the lower Hudson River valley, while Rockland County claims the law seeks to increase the county’s rate of recycling and provide for safe and environmentally sound handling and disposal of the solid waste.

Currently, private companies operate the county’s disposal facilities, and Carbone argues that this is outside the scope of the U. S. Supreme Court’s decision in the Oneida-Herkimer case, in which the Court upheld flow control to government-owned and operated disposal facilities.

On Dec. 8, 2011, Carbone hosted its second briefing about the case, referred to as Carbone II, and on flow control legislation in general, in Tarrytown, N.Y.

David Biderman, National Solid Wastes Management Association (NSWMA) general counsel; Andrew Foster with the law firm Drinker, Biddle & Reath, Philadelphia; and John Chiaia of the law firm Chiaia & Associates Inc. , Lyndhurst, N.J., participated in a panel discussion led by moderator Joanne Wiley, C&A Carbone Inc.

Biderman provided an overview of flow control laws and explained the role the NSWMA plays in coordinating industry opposition to such laws. Foster, who represents Carbone in the lawsuit, presented historical information about solid waste in New York State and in Rockland County, while Chiaia highlighted the importance of industry involvement when legislative or regulatory changes are proposed.

As a decision is not expected until late 2012, Carbone plans to hold additional briefings about its case against Rockland County.