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Saturday, April 09, 2005

Ind. Decisions - Appeals court approves lawsuit over PCB cleanup

"Appeals court approves lawsuit over PCB cleanup: Case involves 3 Monroe dumps" is the headline to this AP story in the Louisville Courier Journal, reporting on the April 6th 7th Circuit decision in Frey, Sarah E. v. EPA (ILB summary here - last case). Some quotes:

BLOOMINGTON, Ind. -- Five years after environmental activists sued Viacom Corp. over the cleanup of three hazardous-waste sites tainted with PCBs, a federal appeals court has ruled that the case can go to trial. In an opinion issued Wednesday, the 7th U.S. Circuit Court of Appeals returned the case to a federal court in Evansville.

The U.S. Environmental Protection Agency had argued that under federal law the suit could not move forward because work was still being done at the three sites. But the appeals court disagreed, saying there was no clear timetable for such work. "No such objective evidence exists in this record," the ruling said.

The suit was filed in April 2000 by Monroe County residents Sara Elizabeth Frey and Kevin Enright and the environmental group Protect Our Woods Inc. against the EPA and Viacom.

In their complaint, the activists alleged that the public suffered irreparable harm because the cleanup of three Bloomington-area sites -- Lemon Lane Landfill, Neal's Landfill and Bennett's Dump -- was limited to only the most contaminated areas. As a result, the suit contended, the remaining polychlorinated biphenyls, or PCBs, are still being released into the air, ground and surface water.

Posted by Marcia Oddi on April 9, 2005 03:30 PM
Posted to Ind. (7th Cir.) Decisions