WEF Files Amicus Brief in Support of Municipal Agencies Legal Challenge to Biosolids Land Application Ban in Kern County, CA

WEF filed an amicus brief on August 9 with the California 5th District Court of Appeal in Fresno to support several municipal agencies in Southern California in their legal challenge to a ban (known as Measure E) on land application of biosolidsCity of Los Angeles, et al. v County of Kern. The National Association of Clean Water Agencies (NACWA) also filed a brief with the same California appeals court on August 9. WEF offered their brief to provide the Court with a review of current science demonstrating the benefits and safety of recycling biosolids to land. The brief encourages the court to affirm an earlier injunction against land application restrictions initiated by Kern County. WEF previously participated in litigation over the Kern County ban in federal court back in 2008, although that case was ultimately dismissed on an unrelated legal technicality. The municipal plaintiffs then re-filed in state court and quickly obtained a preliminary injunction against the Kern County ban. The County is now challenging that injunction before a state appellate court.  On August14 the 5th District Court of Appeal in Fresno accepted the NACWA and WEF briefs and issued an order requiring Kern’s response to be filed by Friday, August 24, 2012.

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