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City of Los Angeles Secures Victory Over Biosolids Ban

Federal Court Grants Summary Judgment Against Kern County Ban of L.A. Biosolids
Beveridge & Diamond, P.C., August 14, 2007

Litigators from the firm's Washington, D.C. and California offices obtained a summary judgment ruling from the U.S. District Court in Los Angeles on behalf of the City of Los Angeles and the City's contractors and farmers. The ruling overturns Kern County, California's ban on the land application of biosolids on farmland. 

The fifty-five page order ruled that the County's ban violated the dormant Commerce Clause of the U.S. Constitution by discriminating against biosolids from metropolitan Los Angeles. In addition, the Court ruled  that the ban was preempted by the California Integrated Waste Management Act, which mandates a statewide policy in favor of recycling solid waste, including  biosolids.

A press release was issued by the City of Los Angeles Department of Public Works welcoming the decision. Commenting on the victory, Los Angeles Mayor Antonio Villaraigosa said that "we are hopeful that this court decision will permit us to work together to address the best interests of Kern and Los Angeles counties and the environment."

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