Envirosafe Services of Idaho, Inc. v. County of Owyhee

HUNTLEY, Justice.

Owyhee County appeals the trial court’s writ of prohibition and order prohibiting it from enforcing its Ordinance No. 83-02, wherein the county sought to regulate the disposal of hazardous and non-hazardous wastes and materials (including polychlorinated biphenyls (PCBs)) and establish user fees.

On April 9, 1984, the Owyhee County Board of Commissioners enacted “the third amended Owyhee County Catastrophic and Emergency Preparedness Hazardous Waste and Materials Disclosure and Fee Ordinance” (hereinafter Ordinance No. 83-02). The ordinance adopted standards delineated in the…