AGG Enterprises v. Washington County

OVERVIEW

Defendants-Appellants City of Beaver-ton and Washington County, Oregon appeal the district court’s entry of a permanent injunction preventing them from enforcing their trash-hauling regulations against plaintiff-appellee AGG Enterprises (“AGG”). AGG collects and disposes of loads of construction materials-mixed solid waste containing part recyclables and part non-recyelables — from its nonresidential customers. Defendants consider mixed solid waste the same as regular garbage or refuse, and they want AGG to be subject to their trash-hauling regulations.

AGG sued defendants for injunctive relief from those regulations in the district court, claiming that local trash-hauling regulations were preempted by a provision in the Federal Aviation Administration Authorizing Act of 1994 (“FAAAA”), 49 U.S.C. § 14501 (c), that preempted state regulation of motor carriers transporting property. The district court granted a permanent injunction.

Defendants claim that the district court erred because Congress did not intend for mixed solid waste to be considered “property,” and therefore the local regulations are not preempted. We agree, reverse the district court, and vacate…