Alameda County Waste Mgmt Authority v. Waste Connections US, Inc.
The court held that the phrase "as necessary" in Public Resources Code § 41821.5(g)(2) imposes only a legal-not factual-requirement, so the Alameda County Waste Management Authority need not demonstrate a concrete necessity to inspect out-of-county landfill records for fee-collection purposes, and therefore the trial court's judgment compelling Waste Connections to permit the inspection was affirmed.
Date Filed: September 08, 2021
Case Name: Alameda County Waste Mgmt Authority v. Waste Connections US, Inc.
Case Number: A158323M
Court: California Court of Appeal, First Appellate District, Division Two
(‘The court decides whether the phrase “as necessary” in Public Resources Code §\u202f41821.5(g)(2) obligates a local government to make a factual showing of necessity before it may inspect out‑of‑county landfill records to enforce its fee ordinance. It holds that the “as necessary” language is a legal, not factual, requirement; therefore the Authority need not prove a concrete need, and the trial court’s judgment on the pleadings compelling Waste Connections to allow the inspection is affirmed. This ruling expands the scope of inspection rights granted to California local agencies under the Integrated Waste Management Act, allowing them to obtain landfill data for fee‑collection purposes without first satisfying a factual necessity test.’, ‘7680af2e’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.