Water Law Commons^™

The Second Circuit Upholds Waste Management Systems In The Wake Of Carbone V. Clarkson: The Decisions In Usa Recycling, Inc. V. Town Of Babylon And Ssc Corp. V. Smithson, Colin A. Fieman

Fordham Urban Law Journal

This Article analyzes the Supreme Court's holding in Carbone and the issues left unresolved by the decision. It discusses how the Second Circuit addressed the constitutionality of the waste management systems at issues in Babylon and Smithtown in light of the Carbone decision and traditional commerce clause jurisprudence. Finally, it discusses the implications of the Second Circuit's decisions for other waste management systems. This Article concludes that although the Second Circuit has made considerable progress in clarifying the law in this area, it has left questions about the constitutionality of flow control unanswered.