Judge to issue written opinion on flow control injunction
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Jan. 12 — After hearing more than five hours of oral arguments Jan. 12, a federal judge in Texas held off in making a decision on whether Dallas´ flow control law can be implemented while the court case challenging its validity is being heard.

U.S. District Court Judge Reed O’Connor will instead issue a written opinion by the end of the month.

The National Solid Wastes Management Association and several haulers, including Waste Management Inc. and Republic Services Inc., are challenging the ordinance.

David Biderman, attorney for NSWMA, said the organization expects the judge to make a ruling by the end of the month.

“Due to the complexity of the issues raised, a written decision will be prepared for the parties,” Biderman said. “NSWMA made claims alleging violations of the city charter, state constitutional claims and federal constitutional claims.”

Dallas has refuted the lawsuit, saying the ordinance is valid.

The Dallas City Council approved the law in September, which would force all waste collected at commercial facilities, industrial facilities and apartments to be disposed at the city-owned McCommas Bluff Landfill or Bachman Transfer Station.

The ordinance was previously scheduled to go into effect Jan. 2, but the city agreed to delay implementation until at least 30 days following a ruling on the preliminary injunction.

Contact Waste & Recycling News reporter Jeremy Carroll at jcarroll@crain.com or 313-446-6780.


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