Question: In 1989, the Oneida-Herkimer Solid Waste Management Authority (Authority) and Oneida and Herkimer Counties entered into a solid waste management agreement, under which the Authority

In 1989, the Oneida-Herkimer Solid Waste Management Authority (Authority) and Oneida and Herkimer Counties entered into a solid waste management agreement, under which the Authority agreed to manage all solid waste within the counties. The Authority collected "tipping fees" to cover its operating and maintenance costs, but these fees were significantly higher than typical open-market fees. In addition to landfill transportation and solid waste disposal, the fees enabled the Authority to provide recycling of 33 kinds of materials, as well as composting, household hazardous waste disposal, and a number of other services.

1. Chief Justice Roberts's opinion relies on drawing several legal analogies to compare and contrast United Haulers with other cases.What are the legal analogies Roberts makes? Are the legal analogies appropriate?
Clue: Are the facts of the various cases Roberts discusses similar to those in United Haulers? Are there relevant differences in the fact patterns?
2. What ethical norm is responsible for Chief Justice Roberts's reasoning?
Clue: What ethical norms might someone who disagrees with Roberts hold?

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1 Roberts relies on the Carbone case That case dealt with flow ordinances ... View full answer

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