In September 2005, U.S. District Judge Robert J. Timlin ruled to overturn the federal land exchange needed to complete the proposed Eagle Mountain garbage dump, which would be surrounded on three sides by Joshua Tree National Park. NPCA joins with other plaintiffs against the dump—Donna and Larry Charpied, Center for Community Action and Environmental Justice, and the Desert Protection Society—in heralding this major victory for Joshua Tree National Park.
“This dump was ill-conceived from the beginning; it’s ludicrous to haul trash 200 miles out into the desert and trash one of America’s iconic parks,” says Howard Gross, NPCA’s California Desert program manager.
If built, the proposed Eagle Mountain Landfill would be the world’s largest garbage dump, accepting up to 20,000 tons of garbage daily for 117 years. The dump would severely impact Joshua Tree’s many wonders, including its dark night skies, soundscapes, and the habitat and food chain for a myriad of desert wildlife.
With his decision, Judge Timlin found that the land exchange approved by the Bureau of Land Management (BLM)—required for Kaiser Ventures and Mine Reclamation Corporation’s project to move forward—failed to properly consider the public land’s potential value and was an “abuse of discretion.” The BLM valued the 3,942-acres of public land being traded at $79-$104 per acre. Kaiser, in turn, secured an agreement to sell the dumpsite to the Sanitation Districts of Los Angeles County for $41 million.
In addition, the court found that the BLM had not fully considered whether the land exchange is in the public interest, as required by law, and failed to adequately analyze the purpose and need for the project or a reasonable range of alternatives. The ruling also states that the analysis inadequately addressed the impact the dump would have on bighorn sheep and the desert ecosystem.
Landfill proponents have 60 days to appeal the decision. Because the final sale of the landfill is contingent upon the successful resolution of legal challenges against the dump, park advocates hope that the judge’s decision will inspire Los Angeles County to pursue other options.
“Los Angeles County’s waste disposal needs can be met for many decades by using the Mesquite Landfill and increasing recycling rates to levels that other counties are achieving,” says Gross. “They don’t need this landfill--they need to abandon this disastrous project.”
NPCA is grateful to pro bono attorney Deborah Sivas, director of the Stanford Law School Environmental Law Clinic, who expertly represented us in this case.
