In a dormant Commerce Clause action by recyclers challenging a local ordinance banning a particular method of waste disposal, summary judgment for plaintiffs is reversed in part with instructions to dismiss where the recyclers' injury was not even marginally related to the interests the Commerce Clause seeks to safeguard. The ruling is vacated and remanded in part where the circuit court's dismissal of the federal constitutional claim might materially alter the district court's decision to exercise supplemental jurisdiction over plaintiffs' preemption claim.
Argued and Submitted March 2, 2009
Submission vacated March 19, 2009
Resubmitted September 9, 2009
Filed September 9, 2009
Opinion by Judge O'Scannlain
Thomas S. Hixon, Bingham McCutchen LLP, Los Angeles, CA