Sludge Watch ==> Judge rules on LA v Kern

[Maureen Reilly]

Sludgewatch Admin:

This LA judge was very biased in favor of LA in his rulings throughout the 
proceedings.
The sooner Kern gets this before an appeal court the better.

................................................................

Aug 13, 2007 7:18 pm US/Pacific


Judge: Govt. Must Find Better Means For Biosolids

(CBS) LOS ANGELES U.S. District Judge Gary Feess blocked a ban on spreading 
sewage sludge from the Southland on Kern County fields, saying government 
agencies must find a healthier way to manage biosolids.

The ruling by Feess is a victory for the city of Los Angeles in addition to 
two area sanitation districts, which argued that the voter-approved Measure 
E was contrary to established laws.

The city of Los Angeles, the Orange County Sanitation District and a Los 
Angeles County sanitation district also said that the ban unfairly impacted 
the Los Angeles area, which is the source of much of the sewage waste spread 
on Green Acres, a 5,000-acre farm owned by the city, and Tule Ranch, a 
privately owned farm.

"We have worked hard to operate our biosolids program to the highest 
environmental standards and will continue to ensure that the Green Acre farm 
is the best neighbor it can be," said Los Angeles Mayor Antonio 
Villaraigosa.

"We are hopeful that this court decision will permit us to work together to 
address the best interests of the residents of Kern and Los Angeles counties 
and of the environment."

Attorneys for the city believed the sewage sludge on fields was a form of 
recycling and that under state law, local authorities are limited in how 
they can interfere with recycling.

However, an attorney for Kern County argued in 2006 that the state's 
Integrated Waste Management Act does not regulate the spreading of sewage 
sludge on land.

http://cbs2.com/local/local_story_226001935.html


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FOR IMMEDIATE RELEASE


FEDERAL COURT GRANTS FINAL JUDGMENT AGAINST KERN COUNTY BAN OF L.A. 
BIOSOLIDS
Judge Issues Summary Judgment Finding Breaches of the Commerce Clause and 
California Integrated Waste Management Act

LOS ANGELES (August 13, 2007)—U.S. District Court Judge Gary Allen Feess in 
Los Angeles granted the request for final judgment by the City of Los 
Angeles and other Southern California agencies, businesses and farmers to 
overturn Kern County’s ban of biosolids and maintain the land application of 
biosolids on farmland. This ruling follows the court’s opinion in November 
2006 that preliminarily enjoined the enforcement of Measure E, an ordinance 
passed by Kern County voters in June 2006, which would have halted all land 
application of biosolids in the county.

"We have worked hard to operate our biosolids program to the highest 
environmental standards and will continue to ensure that the Green Acre farm 
is the best neighbor it can be," Mayor Villaraigosa said. "We are hopeful 
that this court decision will permit us to work together to address the best 
interests of the residents of Kern and Los Angeles counties and of the 
environment."
The fifty-five page order granted the request by the City and plaintiffs for 
the entry of final judgment against Kern County. Judge Feess ruled that 
Measure E “demonstrated irreparable harm” as the ordinance violated the 
Commerce Clause of the U.S. Constitution by discriminating against biosolids 
from metropolitan Los Angeles and preempted the California Integrated Waste 
Management Act by conflicting with a statewide policy of recycling solid 
waste, which by statute includes biosolids.
Judge Feess summarized that “government agencies cannot decide to stop 
producing biosolids and instead must find ways to manage those that are 
produced” and the court found “that land application

- MORE -
FEDERAL COURT GRANTS FINAL JUDGMENT AGAINST KERN COUNTY BAN OF L.A.
BIOSOLIDS
Judge Issues Summary Judgment Finding Breaches of the Commerce Clause and 
California
Integrated Waste Management Act
Page 2 of 2
constitutes a ‘beneficial use’ of biosolids, and indeed the EPA explains 
that it adopted the term ‘biosolids’ so as ‘to emphasize the beneficial 
nature of this valuable, recyclable resource.’”
“The court’s ruling clearly supports the public interest and affirms that 
the City operates a safe and model biosolids program at Green Acres Farm,” 
said Cynthia M. Ruiz, president of the Board of Public Works of the City of 
Los Angeles. “An adverse ruling would have caused significant harm to the 
City and region that would have dramatically increased the costs of managing 
biosolids and increased pollution in our environment.”

“We applaud this ruling as we continue to demonstrate the safe management of 
our biosolids program,” said Rita L. Robinson, director of the Bureau of 
Sanitation.

The City of Los Angeles filed a lawsuit challenging the new ordinance and 
was joined by the Los Angeles County and Orange County Sanitation Districts, 
the California Association of Sanitation Agencies, businesses and farmers 
that recycle biosolids at two farm sites in Kern County—Green Acres, a 
5,000–acre farm southwest of Bakersfield owned by the City of Los Angeles 
and Tule Ranch, a privately owned farm.

About Board of Public Works

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Works, the City’s third largest municipal division with a $559 million 
operating budget. The department awards more than $500 million in 
construction and personal service contracts annually, and oversees the 
construction, renovation, and operation of public projects such as municipal 
buildings, streets, bridges, street lights, water treatment plants, sewers 
and sidewalks, and provides essential public services like recycling and 
solid waste management.

For more information, visit www.lacity.org/bpw.
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JT: 8-13-07