Solano County

Potrero Hills Landfill case goes before appeals court

By From page A3 | February 05, 2014

FAIRFIELD — Both sides in the Potrero Hills Landfill expansion court case made verbal arguments Tuesday before the First Circuit California Court of Appeals in San Francisco.

Sustainability, Parks, Re-cycling and Wildlife Legal Defense Fund sued to overturn a Bay Conservation and Development Commission Suisun Marsh permit that allowed the expansion of the landfill south of Suisun City. Solano Superior Court Judge Paul Beeman in November 2012 ruled in favor of the local legal defense fund, leading to the Bay Conservation and Development Commission appeal.

At the heart of the case is whether a smaller landfill expansion could avoid covering part of seasonal Spring Creek. Potrero Hills Landfill officials and the Bay Conservation and Development Commission argued a smaller landfill would be economically unfeasible. Beeman ruled they didn’t prove this.

Kelly Smith represented the local legal defense fund in the verbal arguments Tuesday. He said the arguments for both sides lasted about 45 minutes.

Jim Dunbar with Potrero Hills Landfill couldn’t be reached for comment.

Now both sides must wait until the court makes a decision.

Reach Barry Eberling at 427-6929 or [email protected] Follow him on Twitter at www.twitter.com/beberlingdr.

Barry Eberling

Barry Eberling

Barry Eberling has been a reporter with the Daily Republic since 1987. He covers Solano County government, transportation, growth and the environment. He received his bachelors of art degree from the University of California, Santa Barbara and his masters degree in journalism from the University of California, Berkeley.

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