You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Agg Enterprises, Oregon Corporation, United States of America, Intervenor v. Washington County City of Beaverton, Pride Disposal Co. Swatco Sanitary Service Inc. United Disposal Service Inc. Hillsboro Garbage Disposal Inc. Washington County Drop Box Service Inc. West Beaverton Sanitary Service Inc., Intervenors, and Oregon Refuse & Recycling Association, Defendant-Intervenor-Appellant. Agg Enterprises, Oregon Corporation v. Washington County City of Beaverton, Pride Disposal Co. Swatco Sanitary Service Inc. United Disposal Service Inc. Hillsboro Garbage Disposal Inc. Washington County Drop Box Service Inc. West Beaverton Sanitary Service Inc. Aloha Garbage & Recycling Inc. Don's Garbage Service Garbarino Disposal & Recycling Service Inc., Intervenors-Appellants, Oregon Refuse & Recycling Association, Defendant-Intervenor. Agg Enterprises, Oregon Corporation, United States of America, Intervenor v. Washington County, and City of Beaverton, Pride Disposal Co. Swatco Sanitary Service Inc. United Disposal Service

Citations: 281 F.3d 1324; 2002 Cal. Daily Op. Serv. 2290; 32 Envtl. L. Rep. (Envtl. Law Inst.) 20497; 2002 Daily Journal DAR 2843; 2002 U.S. App. LEXIS 3769Docket: 00-35449

Court: Court of Appeals for the Ninth Circuit; March 11, 2002; Federal Appellate Court

Narrative Opinion Summary

The case involves AGG Enterprises, Inc., a company providing waste removal services, and the City of Beaverton and Washington County, Oregon, who challenged a district court's injunction against enforcing local trash-hauling regulations on AGG. The core legal issue was whether the Federal Aviation Administration Authorization Act of 1994 (FAAAAA) preempted local regulations on waste collection. The district court ruled in favor of AGG, asserting that the FAAAA preempted local licensing requirements for motor carriers transporting 'property,' which AGG claimed included mixed solid waste (MSW). The Ninth Circuit Court of Appeals reviewed the case and reversed the district court's decision, vacating the injunction. The court held that Congress did not intend for the FAAAA to preempt local regulation of MSW, particularly as it pertains to non-recyclable garbage. The decision emphasized that the collection and regulation of municipal waste have traditionally been state and local responsibilities, unaffected by the FAAAA. The appellate court's ruling reinstated local regulatory authority, allowing the City of Beaverton and Washington County to enforce their trash-hauling regulations on AGG. The case was remanded for further proceedings, and the appellate court did not address issues related to the Commerce Clause.

Legal Issues Addressed

Definition of 'Property' under 49 U.S.C. § 14501(c)

Application: The court analyzed the term 'property' as used in the FAAAA, concluding that municipal solid waste, particularly non-recyclable garbage, does not fall under this definition, thus not subjecting waste collection to federal preemption.

Reasoning: The legislative history clarifies that state regulation of garbage and refuse collection is not preempted, as the Department of Transportation informed Congress that garbage and refuse are not classified as 'property.'

Federal Preemption under the Federal Aviation Administration Authorization Act (FAAAAA)

Application: The appellate court determined that the FAAAA does not preempt local regulations concerning the collection of mixed solid waste, thereby allowing local governments to regulate waste collection.

Reasoning: The appellate court sided with the defendants, reversing the district court's decision and vacating the injunction.

Legislative Intent and Historical Context of the FAAAA

Application: The court examined legislative history and previous case law to establish that the FAAAA intended to equalize regulation between air and motor carriers without affecting local waste collection regulations.

Reasoning: Legislative history reveals that the FAAAA preemption clause aimed to equalize regulation between motor and air carriers, particularly in the context of package delivery services.

Local Regulation of Waste Collection

Application: The court emphasized the historical role of state and local governments in waste collection, maintaining that Congress did not intend to preempt local authority over municipal solid waste.

Reasoning: Historically, waste collection has been a state and local responsibility, as recognized by Congress, which emphasizes that such functions should largely remain under state and local jurisdiction.