Yuba Group Against Garbage v. City and County of San Francisco CA1/4

I. BACKGROUND

A. Original Agreements Regarding Disposal and Transportation of Waste In 1987, the City entered two agreements, both still in effect, that govern the City’s disposal and transportation of municipal solid waste. In the first agreement, the City, and the predecessors of both Waste Management of Alameda County (“WMAC”)

1 and Recology San Francisco (“Recology”) agreed that WMAC’s Altamont Landfill in Livermore, California would be the exclusive site for the disposal of the City’s solid waste up to 15 million tons of waste or 65 years, whichever occurred earlier (“1987 Waste Disposal Agreement”). In the second agreement, Recology—in its capacity as the licensed refuse collection and hauling company in the City—agreed to operate a transfer station in the City and deliver waste to the Altamont Landfill (“1987 Facilitation Agreement”). B. Requests for Proposals In February 2009, in anticipation of the exhaustion of the disposal capacity limit under the 1987 Waste Disposal Agreement, the City issued a Request for Proposal for Landfill Disposal Capacity (“RFP”). Both WMAC and Recology submitted proposals. WMAC’s bid proposed continuing the current disposal process,…