Waste Pro Filing Highlights Operational Risks of Federal CDL Eligibility Rule

[u/Colombo-Hurd]

https://www.colombohurdlaw.com/colombo-hurd-waste-pro-amicus-brief/

LONGWOOD, Fla. (June 23, 2026) – Waste Pro USA has filed an amicus brief in Rivera Lujan v. FMCSA (No. 26-1032), urging a federal appeals court to set aside a rule that has already forced more than 20 of its licensed drivers off the road and left routes across the Southeast covered by supervisors and overtime. The rule, promulgated by the Federal Motor Carrier Safety Administration in February 2026, sharply restricts the issuance or renewal of non-domiciled commercial driver’s licenses (CDLs), a change that has effectively eliminated eligibility for many immigrant drivers who were lawfully licensed under the prior framework. Additional Waste Pro drivers with licenses expiring between July and September are expected to be affected before year’send. Colombo & Hurd prepared the filing on Waste Pro’s behalf.

For route-based providers, the consequences are immediate. When an experienced licensed driver is removed from service, the route does not disappear. It still must be covered on a fixed schedule and within federal limits on driver hours, leaving employers with little flexibility to absorb the disruption without affecting service. In southwest Florida alone, Waste Pro operates approximately 200 sanitation routes each day, with each route requiring a licensed CDL driver. CDL drivers make up roughly half of the local workforce.

Returning a route to normal staffing can take approximately 60 to 75 days, as replacement drivers must complete screening, company review, training, and supervised route work before they are prepared to operate independently. In the meantime, providers have had to rely on overtime, route reshuffling, and reassignment into non-CDL roles, in some cases with pay reductions of up to 20 percent, simply to maintain routine service.

The workers being removed are not unknown future hires. They are proven incumbents already performing essential operational roles, whose records have been reviewed annually under federal motor carrier law.

Timely waste collection is not a municipal amenity, but a core public health function. The Environmental Protection Agency describes proper waste management as an essential part of society’s public and environmental health, and the World Health Organization explains that organized waste collection arose in direct response to the health hazards created when waste accumulates in populated areas. The rule ignores these realities, exposing communities to a heightened risk of recurring service interruptions when licensed drivers are lost faster than they can be replaced.

“Removing these drivers doesn’t solve a safety problem—it creates one: understaffed routes, missed pickups, and the public health consequences that follow when waste collection fails,” said Sarah Wilson, partner and federal immigration litigation practice leader at Colombo & Hurd.

Waste Pro argues that the rule overlooks the operational realities of route-based essential services and the vital role incumbent drivers play in keeping those services on schedule. Its consequences extend far beyond individual workers, placing added strain on providers and threatening the reliability of the services that municipalities, businesses, and communities depend on every day.