271 F.3d 140 (3rd Cir. 2001)
OXFORD ASSOCIATES; HPC ASSOCIATES; KING OF PRUSSIA ARMS; SUSSEX GWYNEDD LTD. INC.; LAKESIDE APTS. ASSOC.; CURREN PARTNERSHIP; WHITPAIN ASSOCIATES; TOWNE COURTS APARTMENTS; MILL CREEK ASSOCIATES; WYNDON
ASSOC.; ONE HUNDRED ONE ASSOC.; LLANBERIS ASSOCIATES; WHITEHALL; HAVERFORD AVENUE ASSOCIATES; 113 CRICKET ASSOCIATES; BRYNWOOD INVESTORS LP; MERION COURT INVESTORS LP; PLACE ONE APARTMENT ASSOCIATES, L.P.; KBF ASSOCIATES L.P., T/A KINGSWOOD APARTMENTS; TIMBERLAKE APARTMENT ASSOCIATES, L.P.; NORRISTOWN ASSOCIATES; CEDARBROOK HOLDINGS; HAROLD MELTZER; EVELYN MELTZER; NOBLE RYDAL ASSOCIATES; VILLAGE GREEN ASSOC. LP; DEKALB ASSOCIATES; GLEN ASSOCIATES; ETON INVESTMENTS LP; VALLEY FORGE TOWERS APARTMENTS NORTH LP; CHELBOURNE PLAZA CONDOMINIUM ASSOCIATION; ELKINS COURT CONDOMINIUM ASSOCIATION; REGENCY TOWERS APARTMENT ASSOCIATES LP; FOXCROFT SQUARE APARTMENT ASSOCIATES LP; GREEN VALLEY MANOR ASSOC.; GUNTRAM WEISSENBERGER; THE WOODS ASSOC.; ROBERT KEENEY; PATRICIA T. KEENEY; ABINGTON PLAZA ASSOCIATES; OAKWYNNE HOUSE ASSOCIATES; TEDWYN ASSOCIATES; 429 ASSOCIATES; CONWYN ASSOCIATES; SEVILLA ASSOC.; UNIVERSITY CITY HOUSING COMPANY; WYNNEWOOD ASSOCIATES; TOWNLINE ASSOC.; ELM GARDEN MANSION REALTY TRUST; ATHENS AVE. REALTY TRUST; ELM GARDENS APTS. REALTY; HUNTERS RUN REALTY TRUST; GRIMM BROTHERS REALTY CO.; MADISON MANOR APTS. ASSOCIATES; TOWN & COUNTRY APTS. ASSOCIATES; FREEDLEY COURT APTS. ASSOCIATES; TREMONT TERRANCE APTS. ASSOCIATES; ROSEDALE COURT ASSOCIATES; LAURWYCK APTS. LP, APPELLANTS IN 00-2936,
AND
1100 FIRST AVE. ASSOCIATES LP; 185 COMMERCE DRIVE ASSOCIATES; 1996 PAVILION ASSOCIATES LP; 301 CITY LINE ASSOCIATES; 455 PENNSYLVANIA AVENUE; CEDARBROOK HOLDINGS; ELIZABETH HOME, INC.; EDWARD P. FARLEY & A. INGEBORG; MONUMENT ROAD ASSOCIATES; NEW YORK DRIVE, LLC; PANGBOURNE ASSOCIATES; TWINING OFFICE ASSOCIATES; 419 W. MARSHALL STREET; GRIMM BROS. REALTY CO., INC.; CHARLES L. MOLES; DONNA MOLES; BARBARA ANN RONCA; CARMENICO FUNERAL HOME, INC., APPELLANTS IN 00-2949,
v.
WASTE SYSTEM AUTHORITY OF EASTERN MONTGOMERY COUNTY
Nos. 00-2936 & 00-2949
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
Argued July 27, 2001
Filed November 7, 2001
On Appeal from the United States District Court for the Eastern District of Pennsylvania District Court Judge: Ronald L. Buckwalter (D.C. Civ. Nos.: 99-03026 & 99-03275)Kenneth E. Aaron (argued), Weir & Partners, The Widener Building, Suite 500, 1339 Chestnut Street, Philadelphia, Pennsylvania 19107, for Appellants.
Benjamin E. Zuckerman (argued), Cozen and O'Connor, The Atrium, 1900 Market Street, Philadelphia, Pennsylvania 19103, for Appellee.
Before: Roth, Barry, and Fuentes, Circuit Judges
OPINION OF THE COURT
Fuentes, Circuit Judge.
This is an appeal from orders of the District Court dismissing, for lack of standing, Count One from each of plaintiffs' separate complaints.1 Plaintiffs (collectively referred to as "the Building Owners") are owners of apartment houses and office buildings in Montgomery County, Pennsylvania. They brought their actions under 42 U.S.C. S 1983 against defendant, the Waste System Authority of Eastern Montgomery County ("Waste Authority"), asserting violations of their rights under the Commerce Clause, U.S. Const. art. I, S 8, cl. 3. Specifically, the Building Owners challenge the Waste Authority's implementation of a waste generation fee ("WGF ") structure, which has the purpose of funding a local waste processing plant. The Building Owners maintain that the Waste Authority's fee structure effectively forces them to use the local facility to the exclusion