IT Corp. v. Solano County Board of Supervisors

Opinion

BAXTER, J.

We granted review to decide whether state laws governing hazardous waste disposal facilities preempt the efforts of Solano County (County) to force removal of wastes unlawfully deposited by a facility operator within the “buffer” or “setback” zone long established by County land use permits. We find no express or implied state-law restriction on the traditional rule that a local government may specifically enforce its valid land use regulations by demanding the elimination of offending conditions. Indeed, the County’s order defers to all conceivable state regulatory concerns.…