FAIRFIELD — The likely final legal hurdle blocking the permit enabling the expansion of Potrero Hills Landfill was removed Tuesday by the State Court of Appeal in San Francisco.
The Solano County Board of Supervisors approved the expansion by a 3-2 vote in 2005. Since then, a variety of legal challenges have kept the expansion on hold, the latest being a suit over the Suisun Marsh permit.
In late 2012, Judge Paul L. Beeman agreed with a group known as Sustainability, Parks, Recycling and Wildlife Legal Defense Fund that Potrero Hills Landfill had not shown that a smaller expansion was not a reasonable alternative. Potrero Hills Landfill owners said a smaller expansion was economically infeasible, but Beeman ruled that they failed to provide sufficient evidence.
The Court of Appeals overturned Beeman’s ruling, saying the owners had provided sufficient comparative cost figures for the regional government commission that had signed off on the expansion.
Sustainability, Parks, Recycling and Wildlife Legal Defense Fund can ask the state Supreme Court to take up the case, however that court accepts only a handful of those requests.
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