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Saturday, September 16, 2006
Ind. Decisions - More on: OEA judge rules in favor of much-disputed Pines transfer station
Updating yesterday's entry is this report by Jason Miller of the Michigan City News-Dispatch:
An environmental law judge late Tuesday dismissed appeals by LaPorte and Porter counties, as well as the towns of Pines and Beverly Shores, but the decision won't deter opponents in their fight against a controversial proposed waste transfer facility near the city's West Side. * * *Tuesday's decision by Environmental Law Judge Mary Davidsen came after more than a year of fierce fighting between Blieden and opponents to his facility.
The three petitioners have argued that the Indiana Department of Environmental Management wrongly granted an environmental permit for the station.
The petitioners, however, plan to appeal the judge's decision before a state-level judge, according to both LaPorte County Attorney Shaw Friedman and Porter County Attorney Gwenn Rinkenberger.
“We're not pleased with this particular outcome,” Friedman said. “But we've built a very good record (to take before an appellate judge). The battle now goes on to the next stage.”
In battling the legitimacy of IDEM's permit, lawyers for the petitioners have said Blieden's applications were wrongly filed and incomplete, and have argued that zoning and building permits were not legal.
The largest issue raised, though, included several claims that the mere existence of the facility would harm the environment - specifically groundwater quality and safety.
Davidsen said in her decision that the petitioners failed to prove IDEM did anything wrong.
“... the towns, Porter County and LaPorte County, have not shown that IDEM acted incorrectly in issuing Great Lakes' permit,” she said.
Ted Cudney, leader of the group Residents Against Trash In Our Neighborhoods of LaPorte and Porter Counties, said he felt the claims were not fully appreciated by Davidsen.
“I kind of felt it was a bit of an orchestrated move,” he said. “She acted like she was interested in what we had to say, but then during a recess, she sent word that the case had been dismissed.”
While IDEM's permit was upheld, the road has not cleared for Blieden, who also will have to fight a move by Porter County to refuse him the ability to create a driveway from his property onto County Line Road.
Porter County holds jurisdiction over the road.
Blieden said Porter County is breaking federal interstate commerce laws by denying the driveway permit. Porter County Commissioners President Bob Harper said he felt the lack of a permit was enough to sway Davidsen.
“We felt she should've ruled for us because he didn't have the driveway permit and because he's not going to get it,” Harper said.
Rinkenberger said the county will fight the road access issue “wherever it needs to be fought,” and said Davidsen's “quick” dismissal prevented petitioners from presenting all their issues.
“This is not going to dissuade us,” she said. “The driveway permit will be denied. If he wants access, he'll have to get it by law.”
Posted by Marcia Oddi on September 16, 2006 09:27 AM
Posted to Ind. Adm. Bd. Decisions