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Environmental

Sep. 9, 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).

        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 haza...

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