References in periodicals archive ?
143) The court stated that to find that the FAAAA preempted local regulation of MSW collection, it must find a "clear and manifest" congressional intent to preempt.
To determine whether Congress intended to preempt local regulation of hauling MSW, the court examined the text of the FAAAA as well as the Act's structure and purpose.
AGG argued that MSW was property under ICC case law and therefore, according to section 14501(c), could not be locally regulated, regardless of Congress's intent at the time of passing the FAAAA.