RCRC Amici Curiae Brief Supports Inyo County Against CEQA Lawsuit Brought by Los Angeles Department of Water and Power

This week, RCRC filed an Amici Curiae brief with the California Fifth District Court of Appeal supporting Inyo County in litigation filed by the Los Angeles Department of Water and Power (LADWP). Inyo County has operated three solid waste landfills on land owned by LADWP in Inyo County for the last several decades.  Restrictive changes in the lease terms demanded by LADWP (including a 180-day termination clause, a short 3-year lease term, and excessive interference by LADWP in the operation of those facilities) prompted Inyo County to initiate condemnation actions for those three landfill properties in 2017.  Importantly, Inyo County is not seeking to change the use of those properties, but merely to change its interest in those properties from lessee to owner.  

LADWP sued Inyo County, arguing that it failed to comply with the California Environmental Quality Act (CEQA) before approving resolutions authorizing condemnation of the three properties. LADWP argued that Inyo County’s reliance on the CEQA existing facility and common sense categorical exemptions was improper.  The Kern County Superior Court ruled in LADWP’s favor, finding (among other things) that the CEQA categorical exemption for existing facilities can never be used for projects at solid waste landfills.

The RCRC Amici Curiae brief disputes the trial court’s determination that the existing facility exemption can never be used at landfills and argues that the trial court improperly reviewed Inyo County’s determination that the condemnation action qualifies for the exemption.  The brief also examines the proper standard of review the trial court should have applied when reviewing Inyo County’s determination that the project was categorically exempt.

RCRC’s brief can be found here.