C & A Carbone, Inc. v. Town of Clarkstown, New York

In 1989, the town of Clarkston entered into a consent decree with the New York State Department of Environmental Conservation. As part of the decree, the town agreed to close its landfill located on Route 33 and build a new solid waste transfer station on the same site. In order to meet a yearly flow guarantee, the town adopted the flow control ordinance here in question.

The Court found that the ordinance discriminates against interstate commerce. State and local governments may not use their regulatory power to favor local enterprise by prohibiting patronage of out-of-state competitors or their facilities.

Limits on State Regulatory and Taxing Power | The Dormant Commerce Clause