CSD NO. 2 OF LOS ANGELES v. COUNTY OF KERN

No. F043095.

27 Cal.Rptr.3d 28 (2005)

127 Cal.App.4th 1544

COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY et al., Plaintiffs, Cross-defendants and Appellants, California Association of Sanitation Agencies et al., Plaintiffs and Appellants, v. COUNTY OF KERN, Defendant, Cross-complainant and Appellant; Kern County Board of Supervisors, Defendant and Appellant; Arvin-Edison Water Storage District et al., Interveners and Respondents.

Court of Appeals of California, Fifth District.

Rehearing Denied April 25, 2005.


Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith, Daniel V. Hyde and Paul J. Beck, Los Angeles, for Plaintiff, Cross-defendant and Appellant County Sanitation District No. 2 of Los Angeles County.

Woodruff, Spradlin & Smart, Thomas L. Woodruff, Tami S. Crosby, Roberta A. Kraus and M. Lois Bobak, Orange, for Plaintiff, Cross-defendant and Appellant Orange County Sanitation District.

Rockard J. Delgadillo, City Attorney, Christopher M. Westhoff, Assistant City Attorney, and Keith W. Pritsker, Deputy City Attorney, for Plaintiff, Cross-defendant and Appellant City of Los Angeles.

Somach, Simmons & Dunn and Roberta L. Larson, Sacramento, for Plaintiff and Appellant California Association of Sanitation Agencies.

Griswold, LaSalle, Cobb, Dowd & Gin, Robert M. Dowd and Raymond L. Carlson, Hanford, for Plaintiff and Appellant Southern California Alliance of Publicly Owned Treatment Works.

Jones & Beardsley, Mark A. Jones; Borton, Petrini & Conron and Roger A. Parkinson, Bakersfield, for Plaintiff and Appellant Responsible Biosolids Management, Inc.

Bernard C. Barmann, Sr., County Counsel, James H. Thebeau, Deputy County Counsel; Hogan Guiney Dick and Michael M. Hogan, San Diego, for Defendant, Cross-complainant and Appellant and for Defendant and Appellant.

Law Offices of Young Wooldridge, Ernest A. Conant, Scott K. Kuney and Steven M. Torigiani, Bakersfield, for Intervener and Respondent Arvin-Edison Water Storage District.

McMurtrey, Hartsock & Worth, James A. Worth; and Linda Alvarado, Bakersfield, for Interveners and Respondents Cawelo Water District and West Kern Water District.


OPINION

DAWSON, J.

This appeal concerns the validity of an ordinance that restricts the application of sewage sludge on land located within the jurisdiction of Kern County.1 Sanitation agencies from Southern California2 appeal adverse rulings from the trial court. The sanitation agencies contend (1) County was required to prepare an environmental impact report (EIR) under the California Environmental...

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