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Abstract

This Article analyzes the Supreme Court's holding in Carbone and the issues left unresolved by the decision. It discusses how the Second Circuit addressed the constitutionality of the waste management systems at issues in Babylon and Smithtown in light of the Carbone decision and traditional commerce clause jurisprudence. Finally, it discusses the implications of the Second Circuit's decisions for other waste management systems. This Article concludes that although the Second Circuit has made considerable progress in clarifying the law in this area, it has left questions about the constitutionality of flow control unanswered.

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