Thursday, October 30, 2008
California public has right to administative review of landfill permits
California solid waste law provides a hearing to "any person" charging that county landfill permits don't follow the law. SPRAWLDEF, a small environmental group wanted that hearing. Solano County refused. They brought suit to get the hearing in state superior court. Lost. Appealed. The First District Court of Appeal reversed, ordering the lower court to issue a writ of mandamus, ordering Solano County to provide the hearing. The published decision makes clear to all California counties that the public has a right to administrative review of solid waste facility permits. The case is Sustainability of Parks, Recycling and Wildlife Legal Defense Fund v. County of Solano Dept. of Resource Management 2008 WL 4725415 (Cal.App. 1 Dist., 2008).
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