Fighting Flow Control

Local governments sometimes try to force haulers to dispose of trash at government-owned disposal facilities. They do this to ensure the financial viability of their disposal facilities, which are often unable to compete in a free market environment. This is usually called "flow control." On behalf of its members, the National Solid Wastes Management Association (NSWMA) strenuously opposes flow control. The practice creates local waste monopolies in which haulers are usually forced to pay elevated tip fees. NSWMA has played a critical role in shaping the law on flow control, including helping to persuade the US Supreme Court to strike down Clarkstown, NY's flow control law in the Carbone case. In the years since the Carbone decision, NSWMA has frequently challenged flow control laws or has filed amicus briefs in support of its members.