Court of Appeals for the Eleventh Circuit October 25, 1991, 90-8298 (Diamond Waste, Inc. v. Monroe County, Georgia, Monroe County Board of Commissioners, Tommy Wilson, Jim Ham, R.T. Bunn, Larry Evans, James Long)

CLARK, Circuit Judge:

This appeal raises the question of the constitutionality of Monroe County’s ban on the importation of out-of-county waste. We hold that the County resolution at issue violates the commerce clause but that the Georgia statute from which Monroe County may have derived its authority to impose the ban is constitutional.

I.