Beveridge & Diamond
 

Beveridge & Diamond Wins Reversal in California Court of Appeal, Protecting Client’s Landfill Permit

May 7, 2014

Litigators from the California and Washington, DC offices of Beveridge & Diamond convinced the California Court of Appeal to reverse a trial court ruling that had vacated an expansion permit for Potrero Hills Landfill in Solano County, California.  The  unanimous decision in SPRAWLDEF v. San Francisco Bay Conservation and Dev. Comm’n, 2014 WL 1678282 (Cal. Ct. App. April 29, 2014), rejected arguments from environmental groups that the permitting authority, the San Francisco Bay Conservation and Development Commission (BCDC), had inadequate evidence to determine that alternatives to the expansion of the landfill were economically infeasible.  In a case of first impression, the decision provides an important interpretation of the requirements for analyzing the economic infeasibility for project alternatives under the Suisun Marsh Preservation Act and the California Environmental Quality Act (CEQA) and allows Potrero Hills Landfill to add 260 acres to the landfill's existing 320-acre property, extending its lifetime by 35 years.  Beveridge & Diamond represented Waste Connections, Inc., the owner of Potrero Hills Landfill, and the appeal was argued by Lily Chinn, a principal in the firm’s California office.

The Court of Appeal decision is the subject of articles in Westlaw Journal Environmental, BNA Daily Environment Report [1] (which quotes Firm Principal Jimmy Slaughter) and E&E Greenwire.

For more information on this case, contact Jimmy Slaughter (jslaughter@bdlaw.com) or Lily Chinn (lchinn@bdlaw.com).

Beveridge & Diamond represents virtually all aspects of the solid waste industry, including and private owners and operators of landfills, transfer stations, recycling facilities, sludge management facilities and municipal waste combustors, as well as national solid waste trade associations. We assist with the development, siting, public bidding, construction, operation and closure/post closure management of solid waste facilities throughout the country.


[1]  Reproduced with permission from Daily Environment Report, 84 DEN A-17 (May 1, 2014).  Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com