Ensuring Clean Water for California

California Association of Sanitation Agencies

Court of Appeal Grants CASA’s Request to Publish Opinion in Kern County Biosolids Case

On March 12, the California Court of Appeal for the Fifth Appellate District granted the requests of CASA, its co-Plaintiffs and several amici to publish its opinion affirming the preliminary injunction against the Kern County ordinance banning the land application of biosolids (Measure E). CASA argued that publication of the opinion is essential to clarifying an unsettled area of law that is of continuing public interest, and was necessary in order to establish a legal precedent that promotes the continuation of sustainable biosolids management.  In its order, the Court of Appeal found that the previously non-published opinion meets the standards for publication specified in California Rules of Court, and ordered that the opinion be certified for publication, in its entirety, in the official reports. As a result, courts and parties may now cite to and rely upon the opinion in other cases going forward. Kern has recently indicated that it intends to file a petition for review of the opinion by the California Supreme Court, which would be due on April 22, 2013. 

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