Sludge Watch ==> MEMO: REQUEST for support re - Kern County Biosolids

[Maureen Reilly]

to:                 kern county board of supervisors

cc:                 ron errea, county administrative officer; bernard c. barmann, sr., County Counsel

from:          Michael J. Rubio, Supervisor, Fifth District

subject:    requesting support by other affected counties in biosolids lawsuit

date:           august 21, 2006

 

As you are aware, Los Angeles-area purveyors of biosolids filed a lawsuit in federal court on Tuesday, August 15 seeking to overturn the recently-enacted voter initiative "Measure E" that effectively banned the land application of biosolids on Kern County land.  This measure passed during the June 6, 2006 election with the overwhelming approval of over 83% of Kern County voters.  Unfortunately, these plaintiffs now seek to thwart the will of the people by filing this lawsuit.  Notably, they have also initially earmarked over $800,000 for legal fee expenses.



Along with our natural allies in the water and agricultural industries, I believe that it is prudent on our part to call on other California counties that have enacted similar complete or effective bans to join us in this effort.  As affected counties, we must stand united against these metropolitan aggressors who have filed this irresponsible lawsuit that runs counter to public health, public safety and democratic thinking.  

 

Below please find the relevant counties:

 

Current Complete Ban

 

·         San Joaquin

·         Santa Cruz

·         Stanislaus

·         Sutter

 

Current Effective Ban

 

·         Glenn

·         Imperial

·         Monterey

·         San Benito

·         San Bernardino

·         San Luis Obispo

·         Ventura

·         Yuba

 

There is no question that this lawsuit already has the makings of being the deciding fight between our smaller, rural counties and other larger, urban jurisdictions that do not have a vested interest in our quality of life.  Sadly, this lawsuit will be costly, but there is too much at stake for us not to fight with the full arsenal at our disposal-as the City of Los Angeles, Los Angeles County and Orange County are currently choosing to do themselves in filing this legal action.

 

Rural counties should not sit idly by while our quality of life is threatened by other municipalities and counties with far greater money and resources.  The implications of the decision resulting from this urban vs. rural lawsuit will be far-reaching and felt far beyond the confines of Kern County.  We must impress upon these counties that their individual complete bans or effective bans are now in danger.

 

Accordingly, I urge our Board to send letters to each of the above-named counties requesting their support in all conceivable forms (advisory, financial, legal, etc.) so that our collective jurisdictions may work collaboratively with our County Counsel Bernard C. Barmann, Sr. as we begin this legal and ostensibly long process.  

 
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