Appellants filed suit against a city, claiming that the permit fee violates the dormant Commerce Clause by imposing an excessive burden on interstate waste haulers. The district court dismissed their claims. The ordinance is a type of blanket prohibition that favors neither interstate nor intrastate commerce. Appellants' participation in intrastate commerce throughout Texas does not suffice to place them within the zone of interests protected by the dormant Commerce Clause. The district court's dismissal is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-50153, 05-15-2013.
Cibolo Waste Inc. v. City of San Antonio
May 22, 2013