United Trash Haulers Ass’n v. Oneida-Herkimer Solid Waste Management Auth. and C & A Carbone, Inc. v. Clarkstown, have similarities in their fact patterns, but different outcomes that the court decides.
In Carbone, New York had a place where all waste was taken to be sorted out, which was privately owned and to maintain the economy adopted a “flow control ordinance,” (pg. 296). The court held in this case that “with respect to the stream of commerce, the flow control ordinance discriminates, for it allows only the favored operator to process waste that is within the limits of town” (pg. 296).
Within United Haulers, New York faced a waste problem, where waste management was burdening the city economically (pg. 298). However, the State decided
