Sludge Watch ==> Judge dismisses 2 of 6 challenges to Kern sludge rule

[Maureen Reilly]

Judge dismisses 2 of 6 challenges to Kern by L.A.

BY JAMES BURGER, Californian staff writer
e-mail: jburger at bakersfield.com | Friday, Oct 27 2006 11:30 PM
Last Updated: Friday, Oct 27 2006 11:34 PM

U.S. District Court Judge Gary Feess issued a formal ruling this week that 
overturned two of the six legal challenges against Kern County's ban on the 
importation of sewage sludge.

The city of Los Angeles and a coalition of sludge haulers and sewage 
agencies from Southern California have sued to overturn a voter-approved 
Kern County ban that will prevent them from trucking treated human and 
industrial sewage to Kern County and spreading it on farmland.

Tuesday's ruling is a bit of a change from the tentative ruling Feess issued 
Oct. 16.

He dismissed two claims that the sludge ban violated state and federal water 
quality laws. He only dismissed one of the water quality claims in the 
previous tentative ruling.

But Feess had also tentatively ruled last week that Kern County had not 
overstepped its police powers. He reversed himself this week -- keeping the 
police powers challenge in play.

"We are pleased that the court has denied most of Kern County's motion to 
dismiss and that the claims of the city (of Los Angeles), its sister 
agencies and their business partners will be heard," Cynthia Ruiz, president 
of Los Angeles' Board of Public Works, stated in a prepared news release.

Kern County's top lawyer, Bernard Barmann, said the county is in good shape 
for the next round of the legal battle with Southern California sludge 
districts.

"We would have preferred to have the thing knocked out of the ring 
immediately," he said, but added that Feess is obviously giving careful 
consideration to arguments in the case.

Barmann said he received a copy of the decision Thursday.

Both sides acknowledge that a Nov. 13 hearing in Los Angeles could be the 
deciding battle.

Feess will decide whether to grant Los Angeles and its partners an 
injunction that would freeze Kern County's sludge ban and allow southland 
sludge to continue being spread on Kern County farmland.

County attorney Steve Schuett said the decision the judge makes after the 
Nov. 13 hearing should also reflect closely the final outcome of the case. 
Only one of the six legal challenges leveled by Los Angeles needs to hold up 
in court for the Kern County sludge ban created by Measure E on June 6 to be 
overturned, he said.

http://www.bakersfield.com/619/story/81217.html