CITY OF LOS ANGELES; Orange County Sanitation Districts; Responsible Biosolids Management, Inc.; R & G Fanucchi Inc.; Sierra Transport Inc.; California Association of Sanitation Agencies; Shaen Magan, individually and dba's Honey Bucket Farms; Tule Ranch/Magan Farms; Western Express Inc., Plaintiffs-Appellees, and
Kern County Water Agency; Association of Irritated Residents; Arvin-Edison Water Storage District; Kern Water Bank Authority, Intervenors,
v.
COUNTY OF KERN; Kern County Board of Supervisors, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 2, 2009.
Submission Vacated March 19, 2009.
Resubmitted and Filed September 9, 2009.
Attorney(s) appearing for the Case
Steven L. Mayer, Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco, CA, argued the cause for defendants-appellants and filed the briefs. Jerome B. Falk, Jr. and Adam Polakoff, Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco, CA; Bernard C. Barmann and Stephen D. Schuett, County of Kern, Bakersfield, CA; and Michael M. Hogan, Hogan Guiney Dick LLP, San Diego, CA, were also on the briefs.
Thomas S. Hixon, Bingham McCutchen LLP, Los Angeles, CA, argued the cause for plaintiffs-appellees and was on the briefs. James J. Dragna and Marc R. Bruner, Bingham McCutchen LLP, Los Angeles, CA; Rockard J. Delgadillo, Christopher M. Westhoff, and Keith W. Pritsker, City of Los Angeles, Los Angeles, CA; James B. Slaughter and Gary J. Smith, Washington, DC; Daniel V. Hyde and Paul J. Beck, Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, CA; Bradley R. Hogin, Woodruff Spradlin & Smart, Orange, CA; Michael J. Lampe, Law Offices of Michael J. Lampe, Visalia, CA; and Roberta L. Larson and Jonathan Schutz, Somach Simmons & Dunn, Sacramento, CA, were also on the briefs.
James Sullivan, Water Environment Federation, Alexandria, VA, filed a brief on behalf of Amicus Curiae Water Environment Federation.
Keith J. Jones, National Association of Clean Water Agencies, Washington, DC, filed a brief on behalf of Amicus Curiae National Association of Clean Water Agencies. Nathan Gardner-Andrews, National Association of Clean Water Agencies, Washington, DC, was also on the brief.
Before: DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, and KIM McLANE WARDLAW, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
O'SCANNLAIN, Circuit Judge:
We must decide whether recyclers challenging a local ordinance that bans a particular method of waste disposal have prudential standing to raise its constitutionality under the dormant Commerce Clause.
I
A
The fact that the subject matter of the case before us involves sewage sludge will be of no surprise to those familiar with the negative implications of the Commerce Clause. For our purposes, sludge is the...
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