Such a law will be upheld unless the burden imposed on commerce is clearly excessive in relation to the putative local benefits. This is known as the Pike test . While Amy's presentation centered on scenarios that courts have found to pass Constitutional muster, other scenarios could also work. It was recommended that counties contact the Department about their planning intentions and to submit draft plans to the Department for review. Thus, the counties will know that they have reserved capacity for the county s waste at these selected facilities.
Some counties do want to flow control their waste.
Two versions of flow control were discussed. However, in reality, the county allowed waste to either be directed to one facility in state, or go anywhere out of state. The Court remanded the case directed the district court to apply the Pike test and consider whether the burden on interstate commerce clearly exceeded the local benefits. The court found that while an in-state facility was chosen for disposal, the process in choosing the facility was critical. The court said the important thing is that the process is fair, open and competitive.