A federal judge has halted the implementation of a waste control ordinance in Dallas, ruling that the law interferes with the commercial rights of waste haulers rights and interferes with existing contracts.
According to the Dallas News, U.S. District Judge Reed O'Connor rejected the city’s contention that its flow control ordinance was foremost a way to create a “greener, cleaner city.”
"Based on the evidence currently before the court, the Flow Control Ordinance was enacted to raise revenue," the judge stated, according to the Dallas News report.
Judge O'Connor ruled that the city cannot enact its ordinance, designed to direct solid waste and recyclables generated within the city to a city-owned landfill and transfer station, "until further notice from the Court." The judge reportedly referred to earlier comments from Dallas Mayor Mike Rawlings touting the plan as one that would raise revenue for the city.
A Rawlings quote identified by the judge and by Dallas News reporter Rudolph Bush was one referring to
"thousands of tons of commercial waste leaving the City of Dallas, and people are making money off of that. Corporations outside of Dallas are making money off of that. That could mean $15 to $18 million of revenue for the City coffers...This is a business revenue issue," Rawlings said in September 2011.
Injunction Halts Dallas Flow Control Plan
Judge backs viewpoint of haulers and NSWMA that plan did not serve “public purpose.”