C&A Carbone, Inc. v. Town of Clarkstown, New York
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| C&A Carbone, Inc. v. Town of Clarkstown | |||||||||
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| Argued December 7, 1993 Decided May 16, 1994 |
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| Holding | |||||||||
| Clarkstown's ordinance gave preference to local private industry and was thus unconstitutional under the Dormant Commerce Clause | |||||||||
| Court membership | |||||||||
| Chief Justice: William Rehnquist Associate Justices: Harry Blackmun, John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg |
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| Case opinions | |||||||||
| Majority by: Kennedy Joined by: Stevens, Scalia, Thomas, Ginsburg Concurrence by: O'Connor Dissent by: Souter Joined by: Rehnquist, Blackmun |
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| Laws applied | |||||||||
| U.S. Const. art. I ยง 8 cl. 3 (Commerce Clause), Dormant Commerce Clause | |||||||||
C&A Carbone, Inc. v. Town of Clarkstown, New York, was a case before the United States Supreme Court in which the plaintiff, a private recycler with business in Clarkstown, New York, sought to ship its non-recyclable waste to cheaper waste processors out-of-state. Clarkstown opposed the move, and the company then brought suit, raising the unconstitutionality of Clarkstown's "flow control ordinance," which required solid wastes that were not recyclable or hazardous to be deposited at a particular private company's transfer facility. The ordinance involved fees that were above market rates. The Supreme Court sided with the plaintiff, concluding that Clarkstown's ordinance violated the Dormant Commerce Clause.
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