Santa Clara Waste Water Co. v. Cnty. of Ventura Envtl. Health Div.

Good Law

17 Cal. App. 5th 1082·225 Cal. Rptr. 3d 885

Court of Appeal of CaliforniaNovember 30, 20172d Civil No.B278967California2,912 words

Opinion

lead Opinion

Gilbert, J.

*1084 A division of the county declares plaintiff to be in violation of regulations governing hazardous waste. It writes to plaintiff that it is referring the matter to the district attorney and it is not seeking administrative penalties. Plaintiff brings an action asserting its right to an administrative hearing to determine whether its chemicals constitute hazardous waste. Plaintiff complains that the division has no right to state plaintiff's *1085 chemicals are hazardous prior to such a hearing. The division responds with an anti-SLAPP motion to strike plaintiff's petition and complaint. ( Code Civ. Proc., § 425.16. 1 ) The trial court denied the motion. We reverse. Even the government has first amendment rights.

FACTS

The County of Ventura Environmental Health Division (Division) is responsible for the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program. ( Health & Saf. Code, § 25404 et seq. ) The Division has jurisdiction over the Santa Clara Waste Water Company (SCWW), a nonhazardous waste treatment facility. SCWW does not have a permit to process hazardous waste.

There are two types of enforcement actions the Division can take. One is formal…

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