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Sep. 10, 2002
Superfund Laws Don't Pre-empt Local Government Ordinances
Focus Column - By William D. Wick - California cities can enact and enforce their own hazardous-waste cleanup ordinances because the federal and state Superfund statutes do not pre-empt the field of hazardous waste remediation. So ruled the 9th U.S. Circuit Court of Appeals in generally upholding a Lodi ordinance. Fireman's Fund Ins. Co. v. City of Lodi , 2002 DJDAR 8899 (9th Cir. Aug. 6, 2002). But the court also invalidated several provisions under the doctrine of conflict pre-emption.
By William D. Wick
California cities can enact and enforce their own hazardous-waste cleanup ordinances because the federal and state Superfund statutes do not pre-empt the field...