National Solid Waste Management Ass'n v. Williams

• Citation: 146 F.3d 595
• Decision Date: 12 June 1998
• Docket Number: No. 97-2987,97-2987
• Parties: , 28 Envtl. L. Rep. 21,323 NATIONAL SOLID WASTE MANAGEMENT ASSOCIATION, Appellant, v. Charles W. WILLIAMS, in his official capacity as Commissioner of the Minnesota Pollution Control Agency; Edward Garvey, in his official capacity as Director of the Minnesota Office of Environmental Assistance, Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 595

146 F.3d 595

46 ERC 2083, 28 Envtl. L. Rep. 21,323

NATIONAL SOLID WASTE MANAGEMENT ASSOCIATION, Appellant, v. Charles W. WILLIAMS, in his official capacity as

Commissioner of the Minnesota Pollution Control Agency;

Edward Garvey, in his official capacity as Director of the

Minnesota Office of Environmental Assistance, Appellees.

No. 97-2987.

United States Court of Appeals,

Eighth Circuit.

Submitted March 13, 1998.

Decided June 12, 1998.

Timothy Robert Thornton, Minneapolis, MN, argued (Jack Y. Perry, Minneapolis, MN, on the brief), for appellant.

Beverly Marie Conerton, St. Paul, MN, argued (Hubert H. Humphrey III, Atty. Gen., and Dwight S. Wagenius, St. Paul, MN, on the brief), for appellee.

Before BEAM and HEANEY, Circuit Judges and KOPF, ¹ District Judge.

BEAM, Circuit Judge.

The National Solid Waste Management Association (the Association) appeals the district court's ² grant of summary judgment against it in its action asserting that two Minnesota state statutes violate the Commerce Clause of the United States Constitution. Because we find that the Association lacks standing to challenge one statute, and find that the other statute passes constitutional muster, we affirm.

I. BACKGROUND

The disposition of garbage has become a popular subject of Commerce Clause analysis in recent years. See, e.g., Ben Oehrleins and Sons and Daughter, Inc. v. Hennepin County, 115 F.3d 1372, 1376 n. 2 (8th Cir.), cert. denied, --- U.S. ----, 118 S.Ct. 629, 139 L.Ed.2d 609 (1997). This appeal is the latest round in a series of litigation spawned by the State of Minnesota's attempts to control the collection, processing, and disposal of waste. See id. at 1376-77.

Minnesota's legislature enacted the Waste Management Act in an attempt to manage solid waste disposal in that state. Among other things, the Act requires counties to implement comprehensive waste management plans. ³ See Minn.Stat. §§ 115A.46 and 473.803. Subdivision 5(b) of section 115A.46 (hereinafter "subdivision 5") then requires public entities to manage their solid waste in accordance with the relevant county plan. For example, if the county plan requires that garbage be hauled to a specific facility, all public entities within the county must have their waste delivered to that facility.

If a public entity wishes to act contrary to the county plan, section 115A.471 applies. That section first requires a determination of whether the county's designated method is favored over the entity's proposed method according to a statutory list ranking waste management practices. See Minn.Stat. § 115A.02(b). If the county's method is preferred, the public entity must (1) determine the potential liability to the public entity and its taxpayers for managing the waste as the entity proposes; (2) develop a plan for managing that potential liability; and (3) submit that information to the state. See Minn.Stat. § 115A.471.

The Association is a non-profit trade association, whose members include Minnesota businesses which have waste collection and disposal contracts with various Minnesota public entities. The Association filed suit, naming Charles Williams, in his official capacity as Commissioner of the Minnesota Pollution Control Agency, and Edward Garvey in his official capacity as Director of the Minnesota Office of Environmental Assistance (the state). The Association alleged that subdivision 5 and section 115A.471 both contravene the Commerce Clause of the United States Constitution.

The district court granted summary judgment in favor of the state. It held that: (1) subdivision 5 does not violate the Commerce Clause; and (2) the Association lacks standing to challenge section 115A.471. ⁴ The Association appeals.

II. DISCUSSION

A. Standing

"Standing is the constitutional requirement, imposed by the 'cases or controversies' provision of Article III, that a plaintiff must allege a judicially cognizable and redressable injury in order to pursue a lawsuit." Ben Oehrleins, 115 F.3d at 1378. In order to have standing, the Association must have suffered an injury in fact, must establish a causal connection between that injury and the Minnesota statutes it challenges, and must establish that this injury is redressable by this court. See Steel Co. v. Citizens for a Better Env't, --- U.S. ----, ---- - ----, 118 S.Ct. 1003, 1016-17, 140 L.Ed.2d 210 (1998). Although the Association has met these requirements regarding subdivision 5, we find that it has not met them with regard to section 115A.471.

Subdivision 5 and section 115A.471 both refer to "public entities," but each defines that term differently. Subdivision 5 applies to:

the state, an office, agency, or institution of the state, the metropolitan council, a metropolitan agency, the metropolitan mosquito control district, the legislature, the courts, a county, a statutory or home rule charter city, a town, a school district, another special taxing district, or any contractor acting pursuant to a contract with a public entity.

Minn.Stat. § 16B.122, subd. 1(f) (emphasis added). As "contractors," the Association's members are, therefore, constrained to act in accordance with the applicable county plan when they service the waste produced by their public clients. The statute thus constrains their actions and has consequently caused an injury in fact to the Association's members which can be redressed by this court. Therefore, as the state concedes, the Association has standing to challenge subdivision 5. See Carson v. Pierce, 719 F.2d 931, 933 (8th Cir.1983) (noting that association has standing as representative of its members).

However, section 115A.471 contains a different definition:

"public entity" means the state; an office, agency, or institution of the state; the metropolitan council; a metropolitan agency; the metropolitan mosquito control district; the legislature; the courts; a county; a statutory or home rule charter city; a town; a school district; another special taxing district; or any other general or special purpose unit of government in the state.

Minn.Stat. § 115A.471(b). Here, there is no mention of contractors acting on behalf of the state. Under the terms of the statute, the Association's members are not public entities and the Association does not contend that it is arguing on behalf of a public entity. Therefore, section 115A.471 imposes no obligations on the Association's members and cannot cause any injury in fact.

In an attempt to establish its claim of injury in fact, the Association submitted an affidavit from one of its members. The affiant makes the general assertion that the cost to public entities of complying with 115A.471 "dwarf[s] the size of [our] public entity's waste disposal contracts." However, even if this assertion were proved, it would not bolster the Association's position. In order to establish an injury in fact, the Association must show "an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical." Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) (internal quotation marks and citations omitted). The Association has not linked the fact that compliance with section 115A.471 is expensive for public entities with any "concrete and particularized" harm to its members. Id. Although the affidavit reports that all of the business's "pre-existing contracts with public entities ... have since been redrafted" to comply with section 115A.471, there is no allegation that renegotiating these contracts damaged a "legally protected interest." Id. We cannot discern any injury in fact visited upon the Association by section 115A.471. We therefore hold that the Association lacks standing to challenge that statute.

B. Commerce Clause

The Commerce Clause provides that "Congress shall have Power ... To regulate Commerce ... among the several States." U.S. Const. art. I, § 8, cl. 3. The Commerce Clause has a "negative" or "dormant" aspect which "has long been understood to ... den[y] the States the power unjustifiably to discriminate against or burden the interstate flow of articles of commerce." Oregon Waste Sys., Inc. v. Department of Envtl. Quality, 511 U.S. 93, 98, 114 S.Ct. 1345, 128 L.Ed.2d 13 (1994). Under the dormant Commerce Clause, statutes that require all waste generated within a geographic area to be disposed of at favored facilities, so-called "flow control ordinances," have been declared impermissible burdens on interstate commerce. See, e.g., C & A Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383, 114 S.Ct. 1677, 128 L.Ed.2d 399 (1994); Ben Oehrleins, 115 F.3d at 1384. The Association calls subdivision 5 a "public entities waste flow control law" and asserts that, as flow control, it is invalid.

To ascertain whether a state activity violates the dormant Commerce Clause, we begin by determining whether the state is "regulating" the market or merely "participating" in it. See Reeves, Inc. v. Stake, 447 U.S. 429, 436-39, 100 S.Ct. 2271, 65 L.Ed.2d 244 (1980). If the state activity constitutes only market participation, then the Commerce Clause does not apply and our inquiry ends. See id. To ascertain whether a state is acting as a market participant, we ask "whether the state is actually participating in a narrowly defined market as a proprietor rather than simply regulating the actions of other private market participants." Chance Management, Inc. v. South Dakota, 97 F.3d 1107, 1111 (8th Cir.1996), cert. denied, --- U.S. ----, 117 S.Ct. 1083, 137 L.Ed.2d 217 (1997). The state argues that subdivision 5 merely establishes parameters for the state's purchase of waste disposal services. The Association responds that subdivision 5, in constraining the behavior of local government units, regulates the behavior of market participants other than the state. We have not previously addressed the question of whether a local entity is equivalent to...