Virginia will Appeal the decision

Feb 03, 2000 - A federal judge has ruled against Virginia's trash laws passed by the 1999 Virginia General Assembly to limit importation of trash from New York and other out-of-state areas. The new laws were scheduled to go into effect July 1, 1999; however, in June 1999, Waste Management Holdings, three other waste-hauling companies and Charles City County, which leases land to Waste Management for a large landfill, sued Virginia challenging key provisions of the new trash statutes.

U.S. District Judge James R. Spencer granted Waste Management a preliminary order blocking implementation of the laws in June 1999. On Feb 03, 2000, Spencer granted a judgment in favor of Waste Management. Spencer wrote the laws "unconstitutionally interfere with interstate commerce, in violation of the commerce clause,"

In a Feb 03, 2000 Press Release, Virginia Governor Jim Gilmore stated, "We are all very concerned at the increasing amounts of out-of-state trash streaming into the Commonwealth and we will continue our efforts to restrict such imports," Governor Gilmore said. "A solution to this problem must be found. I have requested Attorney General Mark Earley to appeal today's Waste Management ruling to the Fourth Circuit Court of Appeals. Whatever the ultimate outcome of this case, my Administration will remain committed to protecting the environment for future generations of Virginia."

Virginia is the nation's No. 2 importer of trash, behind Pennsylvania. In 1998, Virginia inported 3.9 million tons of trash from other states. In 1997, that figure was about 2.7 million tons.