Kentucky Supreme Court accepts KRC's "Friend of the Court" brief in solid waste planning case.

In 2016, the Kentucky General Assembly enacted House Bill 246, which frustrated the goal of comprehensive solid waste planning established in 1991, by allowing 83 cities in Jefferson County to "opt out" of the county's solid waste management plan without any clear obligation to adopt their own waste plan. 

 

The Council was intimately involved in the negotiation and writing of the 1991 Kentucky comprehensive solid waste reforms that placed responsibility for solid waste planning on counties. KRC authored a "friend of the court" (amicus curiae) brief in the pending case of Louisville/Jefferson County Metro Government Waste Management District et al. v. Jefferson County League of Cities, et. al. to provide the Supreme Court with additional context and background on the solid waste crisis that precipitated a special legislative session and adoption of the reforms in 1991, and on how HB 246 runs contrary to those efforts. 

 

The Supreme Court has accepted the brief, which supports the position of Jefferson County that HB 246 is unconstitutional "special legislation," and the brief will be part of the consideration of the case by the Supreme Court. 

 

KRC appreciates that none of the parties to the case opposed our filing of the brief.