Ogden Environmental Services, Inc. v. City of San Diego

MEMORANDUM DECISION AND ORDER

This matter is before the court on plaintiff Ogden Environmental Services, Inc.’s (“Ogden”) motion to enforce the court’s order of May 11, 1988 and for summary judgment as to its thirteenth cause of action for preliminary and permanent injunctive relief.

On May 11, 1988, this court issued an order finding that the City of San Diego’s (“City”) conduct in denying a conditional use permit for Ogden’s research, development, and demonstration hazardous waste incinerator violated the doctrine of federal preemption and directing the City to reopen the permitting process. More specifically, the court found that in light of the federal policy to encourage expedited permitting of such research, development, and demonstration projects under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 , et seq. and the Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund”), 42 U.S.C. § 9601 , et seq., and the approval by relevant state and federal agencies of the project as safe, the City could not enter the decision-making process at a relatively late date and deny local approval of the project based on unspecified health, safety,…