Virginia Barge Ban Blocked by Restraining Order

Virginia's ban on barges transporting solid waste on three Virginia rivers, slated to become effective on July 1, was delayed due to a temporary restraining order (TRO) blocking implementation of the statute. Waste Management, Inc., a Houston-based waste transporter, had filed a petition for a preliminary and permanent injunction in the U.S. District Court in Richmond, Va. Waste Management, Inc., challenged the Virginia laws on the grounds they violate the U.S. Constitution's interstate commerce clause, which preserves the free flow of commerce between states and vests the authority over interstate commerce with the federal government. U.S. District Judge James Spencer issued the TRO. The judge stated "...this is a classic example of what the commerce clause is designed to prevent: 50 bickering commercial islands unto themselves." If the restraining order is not challenged by State Attorney General Mark Early, Waste Management, Inc., may seek a permanent injunction or establish a schedule for trial. There are several other firms and organizations that have initiated litigation challenging the constitutionality of Virginia's statute including Charles City County, Intermodal Marine Co., and Weanack Limited Partners, owners of the barge facility in Charles City County, Va. The statute requires special permits for barge ports, caps the volume of waste that can be received at regional landfills, and creates new regulations related to the design and storage of barge containers transporting solid waste.