PALM SPRINGS, CA—September 25, 2018— Attorneys Shaun Murphy and
Katelyn Empey of Slovak Baron Empey Murphy & Pinkney LLP successfully
challenged Imperial County ordinance Measure X on behalf of Burrtec Waste
Industries Inc. Imperial County Superior Court Judge, the Honorable L. Brooks Anderholt, declared that Measure X was unconstitutional and preempted by state law.
Burrtec Waste Industries, Inc. v. Imperial County (Superior Court of California, County of Imperial, Case No. ECU09921) centers on the Salton City Solid Waste Site, which, before 2009, was operated by Imperial County. After the County issued a Request for Proposal, Burrtec submitted a proposal to operate the Site, and indicated that it would import a portion of the solid waste delivered to the Site from outside the County. Thereafter, Burrtec and the County entered into a lease agreement in 2008, and Burrtec assumed control of the Site operations on February 4, 2009.
After spending millions in improvements on the Site with the expectation of being able to import “biosolids”, referring to treated sewage sludge, from outside the County, Burrtec was told a permit could not be issued under conditions specified in Measure X.
Measure X, which voters approved, was enacted as an ordinance in 2007 and, to summarize, was created to prohibit the disposal of solid waste in the Imperial County that did not originate in the County.
The Honorable L. Brooks Anderholt agreed with Burrtec and SBEMP, ruling… “Measure X conflicts with state law to the point where it is preempted thereby and is therefore void.” Judgment was ordered in favor of Burrtec.
For more information about this case, please contact Shaun Murphy at (760)
322-2275 or murphy@sbemp.com. For more information about SBEMP, LLP, please visit our website: www.sbemp.com.
