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StopWaste Prevails in Multi-Year Lawsuit

August 18, 2020

Oakland, CA – The Alameda County Waste Management Authority (StopWaste) has prevailed in a more than three-year lawsuit brought by petitioners Arthur Boone and Antoinette Stein, who opposed development of a new organics facility at the Davis Street Transfer Station (located in San Leandro). At issue was whether StopWaste met the requirements of the California Environmental Quality Act when it amended its County Integrated Waste Management Plan to include the organics facility.

The City of Oakland required that the organics facility be built and utilized as part of its franchise agreement with private waste hauler/processor Waste Management in an effort to minimize the amount of organic waste going to landfills. The new facility must comply with California’s strict, multifaceted regulations governing compost and digestate handling and quality. The City of San Leandro was the lead agency responsible for approving the project.

In its ruling, the Court proclaimed “...with more material being processed, and fewer trucks needed to transport the processed material off site, the new project would appear to promote the goals of increasing the amount of recycled material that Stein and Boone so vigorously advocate in their briefs.”

“At each stage of the process, from the initial hearing and rehearing through the appeal, StopWaste’s position was vindicated by the presiding justices,” said StopWaste Executive Director Wendy Sommer. “We’re pleased it’s over, but also disappointed that the petitioners brought this unnecessary lawsuit in the first place after missing the opportunity to properly oppose it when initially adopted by San Leandro. It’s been a waste of public resources.”

The decision in the lawsuit was made yesterday by the Court of Appeal of the State of California, First Appellate District. The Court’s judgement is available to view here

Contact: Jeff Becerra (510) 735-7618 or email: jbecerra@stopwaste.org