Santa Clara Waste Water Co. v. County of Ventura Environmental Health Division

Plaintiff filed suit asserting its right to an administrative hearing to determine whether its chemicals constitute hazardous waste. The Court of Appeal reversed the trial court's denial of the divisions' anti-SLAPP motion to strike the petition and complaint. The court held that the division made a prima facie showing that plaintiff's cause of action arose from an act in furtherance of its right of free speech in connection with a public issue. In this case, plaintiff claimed that the division's decision and notice that Petromax was hazardous waste, by themselves, were causing plaintiff harm even without an enforcement action. The court also held that plaintiff failed to carry its burden of establishing a probability of prevailing on its claim. View "Santa Clara Waste Water Co. v. County of Ventura Environmental Health Division" on Justia Law