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: Legal Pad | LAU.S. Supreme Court declines hearing sludge-dump appeal
By Richard Binder
Yesterday the Supreme Court refused to hear an appeal the challenged the constitutionality of Measure E, prohibits the spreading of human waste in Kern County farmland.
Los Angeles had initially challenged Measure E on the grounds that it violated the "dormant Commerce Clause" of the Constitution, which prohibits states from discriminating against one another in interstate commerce. A trial judge agreed with the city, but last September the Ninth Circuit Court of Appeals reversed that decision. The case will return to U.S. District Judge Gary Feess in Los Angeles, who set aside the ban in 2006.
Steven Mayer, one of Kern's attorneys, says half the case is over. "What?s left is the claim the Kern sludge ordinance violates state law."
Full post as published by Legal Pad | LA on June 02, 2010 (boomark / email).
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