ALTERNATIVE FINANCING FOR ENHANCED ENVIRONMENTAL PROTECTION: THE INTERSECTION OF WASTE-TO-ENERGY TECHNOLOGY AND SOLID WASTE FLOW CONTROL AUTHORITY

摘要

When local governments evaluate the environmental benefits and costs of alternatives for managing non-recyclable municipal solid waste, the relative costs of modern waste-to-energy (WTE) technology can be a significant stumbling block despite WTE technology's environmental benefits. Although the preceding point is an important economic reality that has constrained WTE development in the United States, fortunately there is a highly effective means -the use of municipal solid waste "flow control" (or "facility designation") authority - to overcome WTE's perceived cost disadvantage.^' The relationship between flow control and WTE development, including significant encouragement for use of flow control as a result of the U.S. Supreme Court's recent decision in United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 127 S.Ct. 1786 (2007), is the focus of this paper, which will address the following topics: