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Beveridge & Diamond, P.C. Secures Preliminary Injunction for Los Angeles Against County Biosolids Ban

Beveridge & Diamond, P.C., November 29, 2006

Litigators from the firm's Washington and California offices won a preliminary injunction in federal court allowing the City of Los Angeles to continue with the land application of biosolids (treated sewage sludge) in Kern County, California, 125 miles north of Los Angeles.  Kern County had passed by voter initiative a ban on land application of biosolids that threatened the City and other Southern California wastewater agencies with millions of dollars in expenses and logistical challenges to find alternative ways to manage biosolids. In a 24 page opinion, the U.S. District Court for the Central District of California ruled that the City was likely to prevail on three claims that the ban was illegal -- the Commerce Clause of the U.S. Constitution, California recycling law, and California limits on police powers of localities. The court also agreed with the City's experts that land application of biosolids did not pose a risk to human health or the environment, and the concrete harms to the City and the other plaintiffs necessitated a preliminary injunction. A press release was issued by the City of Los Angeles Department of Public Works . 
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