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ARTICLE · 01 MAY 2026

Dormant Commerce Claim Challenging Solid Waste Flow Control Proceeds To Discovery

Beveridge & Diamond (B&D) litigators defeated a motion to dismiss a claim brought by landfill and solid waste companies challenging the constitutionality of a municipal ordinance imposing flow control...

United StatesEnvironment

Beveridge & Diamond (B&D) litigators defeated a motion to dismiss a claim brought by landfill and solid waste companies challenging the constitutionality of a municipal ordinance imposing flow control, requiring all solid waste collected in the defendant city to be directed to a privately operated landfill. The published decision, issued by a federal district court in Louisiana, addresses the tension between two competing Supreme Court decisions on the legality of flow control and upholds the waste companies’ claims, allowing the case to move forward. Texas Regional Landfill v. City of Shreveport, ___ F.Supp.3d ___, 2026 WL 1031843 (W.D. La. April 16, 2026).

The plaintiff waste companies collect and manage waste in Shreveport, Louisiana that is hauled across state lines to a landfill in west Texas for disposal. The city’s ordinance directs all waste collected in Shreveport to a city-owned and privately managed landfill in Louisiana. The Complaint filed by B&D explains that the flow

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