Biosolids on Trial – Recent Litigation Wins for Land Application

Recent courtroom wins in California, Pennsylvania and Virginia for land application of biosolids have underscored the safety and acceptability of this critical recycling practice. The two week trial and recent judgment striking down Kern County, California’s biosolids ban is believed to be the first ever full trial over the safety of land application. City of Los Angeles v. Kern County, 2016 WL 7175653 (Tulare Co. Super. Ct. Nov. 28, 2016). After hearing evidence from twenty witnesses, the court ruled unconstitutional Kern County’s ban on land application of biosolids. The trial and 48 page decision provide valuable resources for biosolids managers for the defense of land application among regulators, the public, and in the courts.The Pennsylvania Supreme Court handed land application another important victory in Gilbert v. Synagro, 131 A.3d 1 (Pa. 2015), ruling unanimously ruled that farming with biosolids is a normal agricultural operation entitled to protection under Pennsylvania’s Right to Farm Act. The decision resulted in the dismissal of nuisance and negligence claims brought by plaintiffs residing near a land application site, capping eight years of litigation.Finally, the Richmond, Virginia, Circuit Court in December 2016 upheld Virginia’s regulations for land application against challenges from environmental groups. Kelble v. Commonwealth, 2016 WL 7491575 (Richmond, Va. Cir. Ct. Dec. 7, 2016). The Court rejected claims that the regulations were insufficiently protective of groundwater and that the regulations would allow excessive phosphorous loading in waterways from alleged biosolids runoff.This paper summarizes and analyzes the latest developments in biosolids law to provide wastewater and residuals professionals current information to guide decisions on risk, liability, management and planning, community outreach, and government relations, including ordinances, legislation and lawsuits.