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9th Circ. Won't Reopen Case Over Joshua Tree Dump

Publication Date: 
August 02, 2010
Source: 
Law 360
Author: 
Richard Vanderford

Professor Deborah Sivas is quoted in Law360 on the federal appeals court's refusal to rehear the decision to block a land transfer that would have allowed a dump to be built next to Joshua Tree National Park. Professor Sivas represented the NPCA in court:

A federal appeals court has refused to rehear en banc its decision to block a land transfer from the federal government that would have let a dump be built next to the Joshua Tree National Park.

The U.S. Court of Appeals for the Ninth Circuit said Friday it voted down landfill-proponent Kaiser Ventures LLC's petition for rehearing.

The company has pushed to swap some of its own property for 3,481 acres of federal land near the Eagle Mountain range in Riverside County, Calif., which would be used as a dump for the city of Los Angeles.

...

The court was right to deny the rehearing bid, said Deborah Sivas of the Stanford Environmental Law Clinic, an attorney for the NPCA.

"The denial of rehearing not only is consistent with the law, but reaffirms the right policy result here," Sivas said.

Sivas stressed that the standard for determining acceptable use is higher when the government is selling its own land, as opposed to when it is regulating land already in private hands.

...

Deborah Sivas of the Stanford Environmental Law Clinic represented the NPCA.