Waste Management drops recycling fight | AspenTimes.com

Waste Management drops recycling fight

Janet Urquhart

Waste Management of Colorado has filed a motion to dismiss its lawsuit challenging the city of Aspen’s new recycling initiative.The motion, filed Tuesday, comes on the heels of a district court judge’s ruling in the city’s favor last week.Judge James B. Boyd denied Waste Management’s request for a preliminary injunction to delay the effective date of the recycling ordinance until the lawsuit could be resolved.In his ruling, Boyd said the garbage hauler failed to show it was likely to prevail in its suit against the city.”I think the judge’s order spoke for itself,” said attorney Kimberly Viergever, representing Waste Management. “I think it was a pretty clear indication of how he was going to rule.”The motion seeks to dismiss the action with prejudice, meaning Waste Management can’t bring the same claim against Aspen at some point in the future.City attorney John Worcester has expressed no opposition to the request for dismissal, according to the two-page motion Viergever filed.Both sides will pay their own fees and costs associated with the lawsuit, the motion states.The recycling ordinance, which went into effect on Friday, requires trash haulers to include the cost of collecting recyclable materials in their base rate for garbage service.The city hopes the ordinance boosts recycling among residents and businesses, though the law does not make recycling mandatory.Although the ordinance doesn’t dictate what rate haulers charge for recycling/garbage service, Waste Management claimed the law established a “rate design” in violation of a state statute that prohibits government rate-setting for trash collection.Janet Urquhart’s e-mail address is janet@aspentimes.com

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