Superior Court Tulare County
County to appeal sludge-ban injunction
Kern County supervisors voted Tuesday to appeal a Tulare County Superior Court judge's injunction blocking enforcement of Measure E, the county's 2006 ban on the land application of treated human and industrial waste.
The county will ask the the 5th District Court of Appeal in Fresno to put to the test two of the core claims Los Angeles-area agencies have made against Kern's sludge ban.
"What is clear to the Board of Supervisors is that the people of Kern County spoke very clearly -- they don't want Los Angeles sewage sludge spread on land in Kern County," said Supervisor Mike Maggard.
He said the federal government has ruled that sewage sludge cannot be applied to the waters of the Pacific Ocean, as Los Angeles used to do.
"So why should it be spread on the waters of Kern County?" Maggard said.
The Los Angeles sewage treatment agencies, which have historically spread hundreds of thousands of tons of treated waste -- also called biosolids -- on two farms in unincorporated Kern County, sued Kern County in federal court after voters passed the ban.
An initial decision by a U.S. District Court judge went against Kern County. But that decision was eventually overturned by a federal appeals court and the case was dismissed.
So Los Angeles sued Kern County in state court.
On June 9, Tulare County Superior Court Judge Lloyd L. Hicks said Los Angeles has a valid case against the Kern County law and indicated he will issue an order blocking enforcement of Measure E.
While that ruling is not a final word, Hicks' review of the legal battle -- and the merits of the case must still be argued before him -- Kern County's lawyers don't like the direction the judge is taking.
On June 9, Kern County Chief Deputy County Counsel Mark Nations said, based on Hicks' stance in court, it seems likely that Hicks will take the side of Los Angeles in the case.
"Unless we can come up with some really hard evidence, I don't see him changing this mind," Nations said.
The injunction against Measure E, Nations said, offers the chance for Kern County to get a second opinion from the Appeals Court on two critical parts of the legal battle -- whether Measure E is pre-emptied by the California Integrated Waste Management Act and whether Kern exceeded its enforcement powers when it blocked the land application of biosolids.
Superior Court Tulare County - News
Kern County supervisors voted Tuesday to appeal a Tulare County Superior Court judge's injunction blocking enforcement of Measure E, the county's 2006 ban on the land application of treated human and industrial
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