Alternative Financing for Enhanced Environmental Protection: the Intersection of Waste-to-energy Technology and Solid Waste Flow Control Authority

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. OneidaHerkimer Solid Waste Management Authority, 127 S.Ct. 1786 (2007), is the focus of this paper, which will address the following topics: