Sunday, January 07, 2007

New tactic considered in sludge fight

The Lynchburg paper reports here that some lawyers are promoting a new draft ordinance that they believe would empower Campbell County and others to ban the use of biosolids as fertilizer. The Campbell County group has a website, with link to something called the Community Environmental Legal Defense Fund, which has on its website some draft ordinances, including this one which sounds like what is being proposed for Campbell County. The draft ordinances were written for Pennsylvania, where presumably the Dillon's Rule presumption is not quite so strong as in Virginia.

As noted in this post from 2004, Appomattox County wound paying $225,000 in attorney's fees when it lost the court challenge to its biosolid ordinance.

The Virginia Supreme Court rejected Amelia County biosolid ordinance in 2001.

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