A tractor moves garbage at Potrero Hills Landfill, August 2012. (Robinson Kuntz/Daily Republic)

Solano County

Potrero Hills Landfill legal appeals exhausted

By From page A1 | August 21, 2014

FAIRFIELD — All existing legal roadblocks to the Potrero Hills Landfill expansion are gone.

The California State Supreme Court on July 31 denied a petition to review an April decision by the state Court of Appeal that allows the landfill expansion. It issued the decision without an opinion explaining the reasons.

Attorney Kelly Smith, who represented the expansion opponents, didn’t say for certain that no more legal challenges are possible.

“I’m not prepared to say either way right now,” Smith said Wednesday.

But the California Supreme Court’s review denial means there are no active lawsuits opposing the expansion.

The Supreme Court’s denial involved an effort by the Bay Area group Sustainability, Parks, Recycling and Wildlife Legal Defense Fund to overturn a San Francisco Bay Conservation and Development Commission permit needed for the expansion. The group prevailed in Solano County Superior Court, but lost before the state Court of Appeal.

This was one of several lawsuits and appeals filed by various landfill expansion opponents since the Solano County Board of Supervisors approved the expansion in 2005. The courts have decided all cases in a manner that allows for the expansion.

Waste Connections Inc. owns the landfill southeast of Suisun City that serves Fairfield and Suisun City, among other communities.

David Jappert of Waste Connections on Wednesday was not yet ready to comment on this latest legal victory for Potrero Hills Landfill. He said he will be talking about the details with attorneys involved in the matter on Thursday.

Potrero Hills Landfill owners have wanted to expand the landfill because they say it will fill up within a few years. Solano County and the Bay Conservation and Development Commission agreed in part because environmental studies said that the expansion can be done without hurting the environment of Suisun Marsh.

Opponents claimed a bigger landfill could hurt Suisun Marsh and that the landfill is nearing capacity only because the owners bring in garbage from other counties. They said making cheap landfill space available for the region discourages recycling.

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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