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CITY OF LOS ANGELES v. COUNTY OF KERN

No. F063381.

214 Cal.App.4th 394 (2013)

154 Cal. Rptr. 3d 122

CITY OF LOS ANGELES et al., Plaintiffs and Respondents, v. COUNTY OF KERN et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

February 13, 2013.

Attorney(s) appearing for the Case

Arnold & Porter, Jerome B. Falk , Steven L. Mayer , Sara J. Eisenberg ; Theresa A. Goldner , County Counsel, Mark L. Nations , Deputy County Counsel; Hogan Guiney Dick , Hogan Law and Michael M. Hogan for Defendants and Appellants.

Carmen A. Trutanich , City Attorney, Valerie Flores , Managing Assistant City Attorney, Edward M. Jordan , Assistant City Attorney; Beveridge & Diamond, Gary J. Smith , Zachary M. Norris and James B. Slaughter for Plaintiffs and Respondents City of Los Angeles, Responsible Biosolids Management, Inc., R&G Fanucchi, Inc., and Sierra Transport, Inc.

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

Woodruff Spradlin & Smart and Bradley R. Hogin for Plaintiff and Respondent Orange County Sanitation District.

Law Offices of Michael J. Lampe and Michael J. Lampe for Plaintiffs and Respondents Shaen Magan, Honey Bucket Farms, Tule Ranch/Magan Farms, and Western Express, Inc.

Somach Simmons & Dunn and Robert L. Larson for Plaintiff and Respondent California Association of Sanitation Agencies.

Freeman Freeman Smiley, Christopher M. Westhoff ; and Nathan Gardner-Andrews for National Association of Clean Water Agencies as Amicus Curiae on behalf of Plaintiffs and Respondents.

Barg Coffin Lewis & Trapp and Marc A. Zeppetello for Water Environment Federation as Amicus Curiae on behalf of Plaintiffs and Respondents.

OPINION

WISEMAN, Acting P.J. —

Measure E is a Kern County ballot measure that was designed to ban in unincorporated areas of the county the use of agricultural fertilizer made from recycled municipal sewage sludge. The application of this fertilizer, known in the industry as "biosolids," is a major, widespread, comprehensively regulated form of recycling upon which many municipalities' waste management systems depend. In fact, Kern cities...

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