Casmalia Resources, Ltd. v. County of Santa Barbara

Good Law
195 Cal. App. 3d 827·1987 Cal. App. LEXIS 2240·240 Cal. Rptr. 903·67 A.L.R. 4th 809
Court of Appeal of CaliforniaOctober 23, 1987B028929California3,938 words

Opinion

Opinion

Abbe, J.

Casmalia Resources, Ltd. (Casmalia) appeals from an order denying its complaint for a preliminary injunction to enjoin the enforcement of a Santa Barbara County ordinance affecting Class I hazardous waste facilities. Pursuant to Casmalia’s petition for a writ of supersedeas, we ordered a temporary stay of the enforcement of the ordinance pending our decision on appeal. We now affirm the order of the trial court denying the preliminary injunction, and dissolve the temporary stay.

Facts

Casmalia operates a Class I hazardous waste management facility in Santa Barbara County. A Class I facility is licensed to handle highly toxic wastes.

In 1981 the state Legislature enacted Health and Safety Code section 25149. Subdivision (a) of that section provides in pertinent part: “[Njo city or county . . . may enact, issue, enforce, suspend, revoke, or modify any ordinance . . . relating to an existing hazardous waste facility so as to prohibit or unreasonably regulate the disposal, treatment, or recovery of resources from hazardous waste ... at that facility, unless, after public notice and hearing, the director [of the State Department of Health Services (DOHS)] determines that…

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