By Steve Rhodes
“A federal judge has denied East Chicago residents their bid to intervene in court proceedings for the clean-up of lead and arsenic in their neighborhood,” AP reports.
“The Post-Tribune reports that Judge Philip Simon ruled last week against a request from residents to intervene between the U.S. Department of Justice, U.S. Environmental Protection Agency and companies held responsible for the pollution at the U.S.S. Lead Superfund site.
“The ruling agreed with a prior opinion from a magistrate judge who ruled the residents’ request came too late in the process.”
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Why do I instinctually suppose East Chicago residents just got screwed (again)? Let’s dig in a little.
“Attorneys representing residents have accused the EPA of minimizing health concerns and cleaning up a limited number of properties despite knowing for decades about widespread contamination,” the Northwest Indiana Times reported last month.
Residents say they didn’t realize the extent of contamination until summer 2016, when city officials announced families at the West Calumet Housing Complex had to relocate due to the severe contamination and that they would demolish the site.
EPA in 2014 approved a consent decree that secured $26 million from Atlantic Richfield and DuPont for a cleanup in zones 1 and 3 of the USS Lead Superfund site. Zone 2 – the middle part of the neighborhood – was left out of the consent decree.
Costs have since nearly quadrupled. Residents’ attorneys argued EPA has repeatedly modified the consent decree, while at the same time arguing in court the case is closed and statute prohibits intervention.
That seems persuasive.
Simon, the judge who signed off on the 2014 consent decree, said Tuesday that EPA’s cleanup does indeed appear to be a “totally different landscape” that what was presented to him back then – with the West Calumet Housing Complex now vacated and East Chicago eying demolition.
So what changed?
Simon suggested it seemed inevitable EPA would have to return, eventually, to the courts for approval because federal Superfund statute requires the agency to do so in the cases of substantial cleanup amendments.
And that move would open up the possibility for residents to intervene then, he said.
“Let’s say you do something they don’t like, they would have a right, at that time, to seek intervention?” Simon said, directed at EPA attorney Annette Lang.
Lang replied yes, while maintaining she believes EPA is adequately representing residents’ interests in the case.
” . . . And we’ll be right back here again (with another motion to intervene),” Simon said.
So they can’t intervene now, but when another terrible thing happens they’ll get another shot?
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“Lang also argued Tuesday the motion was filed too late and that granting them intervener status would ‘unnecessary delay’ ongoing time-critical cleanups at the site. According to EPA, nearly 290 properties have been remediated since summer 2016. Another 718 require remediation.
Simon appeared perplexed at that argument, saying, “Don’t you feel silly, having found out about this problem (in the 1980s), and your concern is that citizens are delaying this? That’s amazing,” Simon said.
“You all have really known about this . . . yet your litigation position is that citizen intervention is slowing the process down. That’s a little hard to swallow,” he added.
And yet, swallow it he did.
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Previously:
* Flawed CDC Report Left East Chicago Children Vulnerable To Lead Poisoning.
* East Chicago Is Toxic.
* A Start In East Chicago.
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I haven’t forgotten about East Chicago (or Flint or Aleppo or Darfur) and neither should you. That’s why those cities are featured by our Weather Desk over there on the left rail.
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New on the Beachwood . . .
Be A CHIdiot
The CHIditarod, Chicago’s Shopping Cart Race For A Good Cause, Celebrates Lucky Year 13.
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Publisher Files Censorship Suit Against Illinois Department Of Corrections
Case centers on – but is not exclusive to – Prison Legal News. Plus: WBEZ’s Natalie Moore tries to find out why her book is banned in state prisons. (You can see the entire, quite large, banned list at her piece – just follow the link.)
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Who Will Win The Ivy King Cup?
Don’t miss the biggest night in Chicago roller derby!
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The Paradise Papers: Journalists Flee Venezuela To Publish Investigation
“Read the harrowing story of Joseph Poliszuk and his team, who are working to publish more stories – despite the oppression they face.”
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MLK And The Ram
“What really got my goat – no pun intended – was that the sermon in question was all about the dangers of hucksterism, extreme materialism and greed, and those – ahem- huckster leaders who use their power to drive people into desperation, and distract them from what’s really going on, in no small part by selling people things they don’t need and can’t afford. Delivered 50 years ago to the day, Dr King talked about people ‘taken by advertisers.'”
We are living in a culture of normalized deceit.
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The Weekend In Chicago Rock
Featuring: Color Card, Brick Assassin, Psychic Drag, Fire From The Gods, Wet Wallet, Moon Taxi, Lotus, Black Rebel Motorcycle Club, Night Beats, Mickey Avalon, Ganja White Night, Gerardo Ortiz, Lara Fabian, Dennis DeYoung, The Jeff Austin Band, 3 Doors Down, The Cell Phones, and Blues Traveler.
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On This Day In . . .
2012: What The Sun-Times Left Out Of Its Fond Remembrance Of Jeff Zaslow.
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2017: What Hitler Couldn’t Do.
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2014: Rahm Responds To Rooftop Snow Messages.
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2014: How The Tribune Saw The Beatles.
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2015: On Jackie Robinson West And Adults Behaving Badly.
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2016: CPD’s Bogus Lineups And Missing Files.
If you’re going to be in what former Tribune editor/publisher/president Jack Fuller called a “truth profession,” you should be beyond reproach. Or, as Bob Dylan once said, it you want to be an outlaw you have to be honest. Also, they should all be truth professions.
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2017: Empty Statements, Empty Pockets And Susanna Hoffs.
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2011: The Real Rahm. Rated VF for Very Funny.
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ChicagoGram
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ChicagoTube
Chicago Clergy To Back Dreamers With Lenten Fast.
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BeachBook
The Campaign Of Randy Bryce, The Democrat Challenging Paul Ryan, Is Not Just Pro-Union But Unionized.
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How To Stay Warm At A Bitter-Cold Olympics: Face Tape And A Whistle-Like Gadget.
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Consumer reports via Consumer World, which I love.
Phone Prices Going Up With No End In Sight.
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LL Bean Cuts Their Lifetime Guarantee Short.
Not sure I can blame them; once again, greedy, selfish people ruin it for everyone else. Just be cool, people!
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Beware Of “Sales” At These Stores.
Our whole economy is built on deceit.
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TweetWood
A sampling.
Philadelphia’s district attorney office keeps a secret list of police officers with a history of racism, brutality, or lying, to know not to call them to testify: https://t.co/n7E9JZi0rt
— Daniel Dale (@ddale8) February 13, 2018
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Reporters Should Leave Trump Alone, Argues America’s Worst Media Critic https://t.co/v9jAlStSkz via @intelligencer
— Beachwood Reporter (@BeachwoodReport) February 13, 2018
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Quantum Politics: You can’t know someone’s position on an issue until you
observe it; up until then, it’s just a set of probabilities.— Beachwood Reporter (@BeachwoodReport) February 13, 2016
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The Beachwood Tronc Line: You have to do some of the work yourself.
Posted on February 13, 2018