This article, which focuses on municipal flow control regulations in light of United Haulers, has two general purposes: to demonstrate that the dormant Commerce Clause doctrine can foster economic efficiencies and equities otherwise absent without it and to offer recommendations for its future applicability to flow control disputes. This article will utilize the Coase Theorem to identify both the efficiency benefits and limitations of municipal flow control regulation as a method of addressing the problem of externalities in solid waste disposal. Based upon this analysis, this article advocates judicial enforcement of the dormant Commerce Clause as a viable judicial option for economically efficient business regulation. Given that the precise framework set forth in United Haulers is still unclear, this article suggests two recommendations for the courts to achieve economically efficient outcomes in flow control cases: courts should not adopt a sweeping rule of validity for all flow control regulations that require waste to be delivered to public facilities and also should not afford factual deference to what local benefits are actually conferred under the Pike balancing test.
THE JOURNAL
Vol. 35No. 1

