Description: Challenge by owner and operator of a Los Angeles County landfill to permit conditions.
Chiquita Canyon, LLC v. County of Los Angeles
Filing Date Type File Action Taken Summary 07/02/2020 Decision Download Writ for administrative mandated granted in part and denied in part, causes of action for declaratory relief denied, and remaining causes of action transferred for assignment. California Court Set Aside Some Conditions in Landfill Permit but Said Climate Change Impacts and Other Factors Justified Other Conditions. A California Superior Court upheld climate change-related conditions in a permit for a landfill in Los Angeles County in a lawsuit brought by the landfill’s owner-operator. Conditions that were intended to reduce or address climate change impacts included limitations on solid waste tonnage, a time limit on landfill operations, and a requirement for periodic reviews to determine whether more stringent conditions should be imposed. The court found that some conditions, including waste reduction and diversion program fees, should be set aside, though the court indicated it was possible that the County could make required findings to support the waste reduction and diversion program fees and other mitigation fees under the Mitigation Fee Act.