In January 2012, a federal district court in Texas ruled that the City of Dallas’ flow control law violated the Contracts Clause of the U.S. Constitution and issued a preliminary injunction blocking the law from taking effect.  NSWMA v. City of Dallas, No. 11-3200 (N.D. Tex., Jan. 31, 2012).  The court declined to embrace Dallas’ interpretation of its authority under the Police Power, rejected Dallas’ “proffered justifications” for the flow control law, and concluded the law was enacted as a revenue-raising measure. The decision underscores that despite the Supreme Court’s 2007 decision in the United Haulers case (discussed below),  there are constitutional limits to local governments’ authority that courts will not hesitate to enforce. Download copy of decision here.

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