Individuals for Responsible Government, Inc. v. Washoe County

As happens from time-to-time, this is a case with simple facts whose resolution involves complex legal doctrines. In 1991 and 1992, defendant/appellee Washoe County enacted ordinances that, inter alia, require residents in certain unincorporated areas of the County to subscribe to a garbage collection and disposal service offered by defendant/ap-pellee Independent Sanitation Co., Inc. Plaintiffs/appellants Individuals for Responsible Government, Inc., Janice Buse, Hilary Burson and June Link claim that these ordinances violate Nevada statutes and the Commerce Clause of the United States Constitution. They also claim that the County’s curbside recycling program violates the Takings Clause of the United States Constitution. The district court granted summary judgment in favor of defendants/appellees on all counts. We affirm.

*701 I.

BACKGROUND

Washoe County, Nevada, like many other environmentally concerned communities, confronts a problem stemming from the illegal dumping of trash at sites other than approved dump sites. In response to this problem, the Board of County Commissioners (“Commissioners”), in November 1991, enacted ordinance 838 to amend chapter 90 of the County…