Judge Overturns Approval of Commercial Waste Incinerator

SACRAMENTO — In a ruling that could indefinitely delay construction of the state’s largest commercial hazardous-waste incinerator, a Superior Court judge here overturned local approval of the project, citing its impact on air quality and agriculture.

Chemical Waste Management Inc.’s plans to build the incinerator in the tiny, predominantly Latino town of Kettleman City have run into opposition from the environmentalist group Greenpeace and such figures as Jesse Jackson, who said in a recent visit that the proposal amounted to “chemical warfare upon the people.”

In a ruling released Tuesday, Superior Court Judge Jeffrey Gunther invalidated the Kings County Board of Supervisors’ approval of the plant, holding that the county environmental impact report was inadequate.

Acting in a suit brought by California Rural Legal Assistance, the judge also found that the county failed to involve local residents in the decision. Noting that 40% of them speak only Spanish, Gunther said the county should have provided translations of material about the project.

Gunther also held that the county’s analysis of air pollution from the incinerator and its effect on San Joaquin County agriculture was inadequate, and that the county failed to properly consider the possibility of placing the plant elsewhere.

The ruling will require the county to redo the environmental impact report and to reconsider the approval in a process that could take another year or more.

“What this means,” said Luke Cole, attorney for the legal assistance group, “is that farm workers can stand up to corporate America and win.”