By James R. Bozajian
After nearly one year of contentious litigation, a Los Angeles County Superior Court has ruled that there are no legal barriers to the deposit of fire debris into the Calabasas Landfill.
Located in unincorporated territory, the landfill is owned by the County and operated by the County Sanitation District. When the County Board of Supervisors announced plans to dump the debris into the landfill following last January’s devastating Palisades and Eaton fires, the City of Calabasas promptly filed suit. Citing public health and safety concerns, the City sought to prevent movement of the debris into the landfill before it could be properly tested for hazardous waste, which this landfill is not permitted to accept.
Judge Stephen Goorvitch consistently rebuffed Calabasas’ attempts to obtain injunctive relief, and delayed the City’s efforts to randomly test the debris at issue. The court eventually allowed the City to test a limited number of debris samples.
Despite the County’s repeated assertions that the fire debris contained no hazardous materials, the testing found elevated levels of toxic substances, including copper and zinc. But in a written opinion handed down on January 20th, the court ruled that the State of California had the power to override local administrative regulations, even if such actions jeopardized the welfare of the general public. Goorvitch stated that he “does not have the authority” to review the process whereby the County disposes of this waste.
Reacting to the case’s outcome, Calabasas City Attorney Pam Lee stated: “The City is highly disappointed with the court’s decision. The City believes the ruling does not adequately reflect the serious concerns raised by the community, nor does it fully account for the City’s responsibility to protect public health, environmental resources, and local quality of life.”
The Calabasas City Council will review Judge Goorvitch’s decision at its January 28th meeting.
James Bozajian is an attorney and the Mayor of the City of Calabasas.
