A win for Suisun Marsh

Landfill expansion voided; Environmental Report must be rewritten

Environmentalists have won a major victory towards protecting Suisun Marsh, the largest contiguous brackish marsh on the West Coast of North America, and its adjacent upland habitats from the proposed 260-acre expansion of the Potrero Hills Landfill.

On Feb. 26 Solano County Judge Paul L. Beeman ruled that the county's Environmental Impact Report for the project was inadequate. In a series of follow-up rulings he has told the county that before approving any expansion, it must rewrite and recirculate the EIR to correct several serious omissions. In particular, the new document must consider alternative locations for disposal of the wastes. Most important, he voided the permit that the county had issued for the landfill expansion, based on the invalid EIR.

In addition to damaging the marsh, the landfill expansion would undermine recycling efforts in several Bay Area counties. The landfill has aggressively solicited garbage from all around the Bay (from as far away as San Jose) by charging low fees. Since county recycling programs are dependent upon receiving a percentage of disposal fees, the local governments shipping their garbage to Potrero Hills are receiving less funding for their own recycling programs. Recycling is therefore suffering, more garbage is going to landfills, and more open space is being consumed. We look forward to an alternatives analysis that will consider sending waste to other Bay Area landfills with unused capacity or if necessary finding new landfill sites less sensitive than Potrero Hills.

The suit was filed by Protect the Marsh, the Northern California Recycling Association, and several individuals. The Sierra Club Bay Chapter and the Marin, West Contra Costa, Mount Diablo, and Solano Groups pledged almost $3,000 for the suit.

It is an impressive win for environmental lawyers Amber Vierling and Dana Dean, who brilliantly pleaded our case.

The issue is far from over. The county has announced that it will not appeal the ruling, but it may well issue a new EIR that continues to deny environmental impacts, or claims that they can be mitigated, and the county may once again approve the landfill expansion. If so, we will need to engage in or support further litigation. The San Francisco Bay Conservation and Development Commission (BCDC) also has oversight on the landfill expansion, and we will work to persuade the commission to deny permits for the expansion.

WhatYouCanDo

We and Suisun Marsh will need your help, likely this fall, to save the marsh and its critical adjacent upland habitats. When the county again votes on whether to approve a new EIR, and when BCDC holds hearings, your voice will again be needed. To be informed when the time comes, give your name and contact information now to or call (510) 848-0800, ext. 304

Arthur Feinstein, member, Bay Chapter ExComm