Petition to Reduce Business for Newby Landfill
Dear Friends and Neighbors,

We at the Silicon Valley Foundation for Better Environment (SVFBE) are committed to the cause of a better environment for the growing population and worldly visitors of the Silicon Valley.

The Newby Landfill is the last operating landfill by the San Francisco Bay. It is applying to expand to 245 feet high, and extend its operation to beyond year 2040.

In an effort to stop the expansion, we are trying to petition the cities in the Silicon Valley to stop giving business to waste management service providers that send garbage to the Newby Landfill.

The City of Milpitas is evaluating a 10+ year contract for garbage collection. We are launching a petition to stop Milpitas from giving business to Newby, unless proper measures are taken by Republic Services, the company that operates the Newby Landfill.

Whether you live/work near the Newby Landfill, or simply drive by or visit the Bay Area occasionally, if you would like restored wetlands and reduced catastrophic risk in time of natural disaster in the world-famous Silicon Valley, please take a little time to sign the petition by following this link:

Please join us in this meaningful quest. Our future generations will be thankful that you voiced out today.

We encourage you to forward this letter to any citizen of the world who wishes for a better environment in the Silicon Valley.

Best Regards,
Silicon Valley Foundation for Better Environment

Milpitas Post editorial: City dealt blow in its quest to block landfill expansion, but the game is not over

For more than a half century, Milpitas has been fighting the foul odor-producing sources in and around the garbage landfill, which borders Milpitas’ west flank. To the surprise of no one, the battle continues unabated.

Source: Milpitas Post editorial: City dealt blow in its quest to block landfill expansion, but the game is not over – San Jose Mercury News

Sept 15th 6pm Rally@Milpitas City Hall

Dear neighbors and friends,
For almost 30 years, Milpitas residents have been paying Republic Services to collect our garbage and send it to their Newby Island landfill to pollute our own air. NOW WE HAVE A CHANCE TO CHANGE THAT!
The city of Milpitas is about to select a garbage collection service provider.for the next twenty years.
The almighty Republic Services has many allies in our City Council, which means the city council will very likely give the contract to them again – that is, UNLESS we let them know how much we want otherwise.
So make time to join us on Tuesday, September 15, at 6pm, at the Milpitas City Hall fountain, for a RALLY to let the elected city council members know that we REALLY want a garbage collector that send our trash to a more remote area.
Please see the attached news letter for more details.
After the rally, you are welcome to go into the City Hall for the city council meeting, even speak at the public forum session.
The September 15 council agenda has 2 items that are relevant,

Receive a Presentation on the Recycling and Source Reduction Advisory Commission and Approve the 2015-16 Work Plan (Staff Contacts: Elizabeth Koo, 408-586-3353 and Leslie Stobbe, 408-586-3352)

Authorize the Selection Process to Appoint a Public Representative and Alternate to Serve on the South Bay Odor Stakeholder Group (Staff Contact: Steven Machida, 408-586-3355)

Thank you for your continued support in our effort to fight the landfill. Hope to see you at the rally!

Kind Regards,


Please sign up for the Rally by clicking the above link.
Dear All Milpitas Residents and Newby Garbage Odor Victims,

In October of 2015 the city councilmembers of Milpitas will decide whether or not to renew the contract with the city’s garbage collector, the Republic Services Corp.

I heard Newby Landfill Corporation’s attorney laughed at Milpitas government at Santa Clara County Superior Court: Newby Landfill Corp is Milpitas’ garbage collector…Milpitas proved many new buildings close to Newby Landfill…all those have become evidences to against the city of Milpitas to oppose Newby Landfill’s expansion and operations.

Therefore, we need to stop doing business with Newby Landfill, otherwise, all lawsuits against Newby will waste Milpitas tax payers ‘money!

As you all know that if residents do not voice out, you basically give the politicians a pass to do whatever they want or whoever has the money wants, but definitely not what you want.  Please join our RALLY to show your objection on Milpitas renewing the contract with the public nuisance, Republic Services Corp!

Sept 15th, 2015, there will be a council meeting at Milpitas City Hall. We need you to show up at 6PM gather around the city hall’s water fountain!  Government needs your supervision, otherwise the power will be abused and the power will damage your interests in every way!

(originally posted by Jennifer)

Milpitas v. San Jose LEA Decision
(pasted from document above)

There are no continuing violations of applicable laws and regulations by the LEA. I find as a fact and conclude as a matter of law that the City of Milpitas is not entitled to any of the relief it seeks, and that all its claims are denied.

Milpitas has not established that:
1. the LEA failed to act as required by applicable laws and regulations with regard to the issuance of the revised permit for the Landfill; or that
2. the LEA failed to act as required by applicable laws and regulations with regard to the Recyclery and the Landfill, other than odor allegations, after December 8, 2015, or that
3. the LEA failed to act as required by applicable laws and regulations with regard to the

Compost Facility.
The LEA established that, with respect to Milpitas’ claims that the LEA failed to act as required by applicable laws and regulations with regard to the Recyclery and the Landfill, prior to December 8, 2015, those claims are barred because they were not timely filed as required by PRC § 44310 (B).