The United States District Court for the Southern District of Indiana (鈥渢he Court鈥�) issued a temporary injunction against the Warrick County Solid 91仓库 Management District (鈥渢he District鈥�) striking down its plan to establish an exclusive curbside waste and collection service that would have restricted competition and create a de facto monopoly for the processing of waste and recycling in the County. 聽The complaint for an injunction was brought by the National 91仓库 and Recycling Association (NWRA) on November 13, 2015 on behalf NWRA鈥檚 Indiana Chapter.聽 The Court also rejected the District鈥檚 counterclaim for a preliminary injunction against NWRA in the matter.
In granting NWRA鈥檚 motion for a preliminary injunction, the Court found, among other things, that 鈥淣WRA鈥檚 members will suffer irreparable harm absent the preliminary injunctive relief.鈥澛� The Court enjoined the District from enforcing its plan against any NWRA member or other party that wishes to compete to provide waste and recycling collection services in Warrick County.聽 The plan, which was enacted by the District, was known as Resolution 2015-03.聽 NWRA had detailed in its complaint that Resolution 2015-03 violates both the Commerce Clause of the United States Constitution and various Indiana statutes. 鈥淭his is a victory for 聽the citizens of Warrick County,鈥� commented Terry Guerin, chairman of the Indiana Chapter of the NWRA. 鈥淐ompetition is good for consumers, and residents of Warrick County are free to choose who will provide their curbside collection.鈥�
This Case No. 3:15-cu-00158-RLY-MPB, which can be accessed at .
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