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OCTOBER 2009
Coalition files lawsuit seeking to overturn cap on Solano
County trash imports
A coalition of more than twenty waste hauling and recycling
companies filed a lawsuit in federal court seeking to
declare invalid a Solano County, California, ballot initiative
believed to be unconstitutional by coalition members
and Solano County leaders.
“More than twenty years ago Solano County leaders recognized
that this ordinance restricting movement of waste across
county lines is illegal under federal law, and the coalition
is seeking to secure a court ruling to put this issue
to rest,” said Ron Mittelstaedt, chief executive officer
and chairman of Waste Connections, Inc. “Measure E threatens
the future of safe, efficient and environmentally sound
management of regional municipal solid waste.” Mittelstaedt
concluded.
The coalition’s complaint, filed in the United States
District Court for the Eastern District of California
in Sacramento, challenges as unconstitutional the 1984
measure that imposed an annual cap of 95,000 tons – a
small fraction of current waste volumes – on the amount
of solid waste that may enter Solano County from other
jurisdictions for landfill disposal. The initiative,
known as “Measure E,” was approved by Solano County voters
nearly 25 years ago in the November 6, 1984 election.
Solano County has never enforced Measure E, and issued
a memorandum concluding that the 1984 initiative is unconstitutional
under United States Supreme Court precedent. Measure
E discriminates against out-of-county waste, in violation
of the United States Constitution’s protection of free
movement of interstate commerce. Measure E does not impose
limits on the disposal of in-county waste at Solano County
landfills. The Legislative Counsel of California reached
the same conclusion, writing in a 1992 Opinion that “Measure
E, adopted by the voters of Solano County, violates the
Commerce Clause of the United States Constitution.”
The coalition points in particular to the potential impacts
of Measure E on the Potrero Hills Landfill, which is
vital to satisfying the Bay Area’s solid waste disposal
needs. If Measure E is enforced, communities across Northern
California will pay much higher prices for waste disposal
as they search for alternative sites across California
and in neighboring states, according to the coalition’s
Complaint.
Measure E also undercuts a federal court order that the
United States Department of Justice and California Attorney
General Jerry Brown obtained earlier this year directing
that the Potrero Hills Landfill be sold to maintain competition
in the solid waste industry in Northern California.
The coalition is filing suit in Federal court to ratify
the County’s longstanding belief in the unconstitutionality
of Measure E in response to special interest groups and
local activists seeking to compel enforcement of Measure
E in order to drastically limit the Landfill’s capacity.
The coalition members bringing suit represent much of
the waste hauling and recycling industry in Northern
California, including Potrero Hills Landfill, BLT Enterprises
of Sacramento, Brentwood Disposal Service, Concord Disposal
Service, Contra Costa Waste Service, Discovery Bay Disposal,
El Dorado Disposal Service, Novato Disposal Service,
Oakley Disposal Service, Pacific Coast Disposal Corporation,
Pittsburg Disposal and Debris Box Service, Redwood Empire
Disposal, Rio Vista Sanitation Service, Rohnert Park
Disposal, Santa Rosa Recycling and Collection, Sunrise
Garbage Service, Timber Cove Recycling, Waste Connections,
West Sonoma County Disposal Service, West Sonoma County
Transfer and Windsor Refuse and Recycling.
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