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Ogden Envtl. Servs. v. San Diego, City of

Citation: 19 ELR 20012
No. No. 88-0252-K(M), 692 F. Supp. 1222/(S.D. Cal., 08/22/1988) Motion to enforce previous order

The court invalidates San diego's second denial of a permit for a demonstration hazardous waste incinerator, because it frustrates Congress' intent to encourage the development of innovative treatment technologies under the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). San Diego had previously denied the incinerator permit application, and had been ordered by the court to reconsider its decision in light of RCRA and CERCLA. San Diego then denied the permit again on the same record, and began a search for an alternate site for the incinerator. The court first holds that in its second permit denial, the City again failed to articulate any specific, legitimate requirements that it might properly impose on the new project under RCRA § 3009. The justifications offered by the City are conclusory and have no substantive basis in the record. San Diego's search for an alternate location would mean new state and federal permits would be needed, delaying the project by two to three years. The City's course of conduct has resulted in a de facto ban on the incinerator.

[The court's previous opinion appears at 18 ELR 21442.]

Counsel for Plaintiff
David L. Mulliken, Kristine L. Wilkes
Latham & Watkins
Ste. 2100, 701 B St., San Diego CA 92101-8197
(619) 236-1234

Counsel for Defendants
C. Alan Sumption, Chief Deputy; Leslie J. Girard, Deputy
City of San Diego
525 B St., Ste. 2100, San Diego CA 92101
(619) 533-4700