Wash. High Court Won't Revisit Biosolids Ban Reversal

Law360, New York (April 30, 2015, 7:04 PM EDT) -- The Supreme Court of Washington state on Wednesday declined to review an appeals court’s finding that a county ban on using recycled biosolids as fertilizer violated the state constitution establishing that state law preempts local laws regulating biosolids.

In November, the Washington Court of Appeals unanimously held that Wahkiakum County’s ordinance prohibiting the use of the most common class of biosolids violated the state constitution. The panel found that because the Legislature authorized the state Department of Ecology to regulate the state’s biosolids program, local governments cannot enact laws that conflict with state law under the state’s constitution.

Jimmy Slaughter, counsel...

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