RECENT FEDERAL DECISIONS

January 2007

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District Court Rules that Complete Ban on Land Application of Biosolids Likely Is Preempted by State Law, Violates Dormant Commerce Clause, and Exceeds County’s Police Powers
City of Los Angeles et al. v. Kern County et al., ___F.Supp.2d___

On October 24, 2006, the U.S. District Court for the Central District of California ruled that four of six claims in a lawsuit by the City of Los Angeles and others challenging Kern County’s blanket ban on land application of biosolids could survive a motion to dismiss. On November 20, 2006, the court ruled that plaintiffs are likely to prevail on three of those remaining claims, warranting issuance of a preliminary injunction.