Diederich won't be in Washington tomorrow, but has submitted two briefs on behalf of the Rockland Coalition for Democracy and Freedom, the Rockland County Conservation Association and the Federation of New York Solid Waste Associations.

Christopher St. Lawrence, in his capacity as chairman of the Rockland Solid Waste Management Authority, and the authority's legal counsel, Bridget Gauntlett, will both attend the court session tomorrow.

The Rockland Solid Waste Management Authority has also filed a brief allowing it to weigh in on the case, United Haulers Association Inc., etc., v. Oneida-Herkimer Solid Waste Management Authority, and Oneida and Herkimer counties.

St. Lawrence, who is also supervisor of the town of Ramapo, said Friday that communities have the right to manage their waste and to require that it be sent to a specific location for transfer or landfill burial.

He said the health and safety of residents and the environment depended on a community's ability to manage its waste, without having a garbage hauler deciding where it would go.

Diederich represented the New York State Association for Solid Waste Management when United Haulers first sued Oneida-Herkimer Solid Waste Management Authority, and Oneida and Herkimer counties, which are located in upstate New York.

United Haulers argued that requiring garbage collectors to bring their trash to a specific location violated the U.S. Constitution's Interstate Commerce Clause.

The clause empowers the U.S. Congress "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." The interpretation of the clause has evolved over the years, but it has been used to prevent and break up monopolies.

The haulers argued that the counties and solid waste authority they sued were creating a monopoly in violation of the clause by requiring use of specific disposal facilities.

Diederich successfully argued that waste itself was not an article of commerce, whereas the management of that waste was. The U.S. Court of Appeals for the Second Circuit ruled on the case in 2001.

A similar case then made its way through the Sixth Circuit Court, which is based in Ohio. In that case, National Solid Waste Management Association v. Daviss County, the court ruled last year that so-called "flow control" of trash did violate the Commerce Clause.

The U.S. Supreme Court will now attempt to rectify the differing views of the circuit courts, Diederich said.

He also said local residents should be allowed to democratically choose and decide whether their locally generated trash should go to a publicly managed local facility.

"I view this as a worldwide environmental issue," Diederich said. "If you view waste as valuable, you're encouraging more of it."

Instead, he said, it was the management of that waste that should be valued. That management, he said, should include both reducing waste and recycling what had to be collected.