In a major victory for CASA and its fellow plaintiffs, a Tulare County Superior Court judge has ruled that Kern County Measure E is invalid and unlawful. In a 48 page tentative opinion issued last week, Judge Lloyd Hicks found that Measure E, the ordinance banning land application of biosolids in the unincorporated areas of the county, is preempted by state recycling laws and exceeded Kern’s police powers. The decision recognizes that CASA members have an economic and public health and safety interest in being able to land apply biosolids in Kern County. The judge granted a permanent injunction against enforcing Measure E and awarded the plaintiffs their costs.
CASA’s counsel are analyzing the judge’s decision and we will have a more detailed summary of the decision in next Monday’s CASA connects.