Judge Orders Hearing
on Illegal Dow Chemical Consent Order
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For
Immediate Release:
December 9, 2002
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Contacts:
Tracey Easthope, Ecology Center, 734-663-2400 x 109
Michelle Hurd Riddick, Lone Tree Council - 989-799-3313
Diane Hebert, Environmental Health Watch - 989 832-1694
Terry Miller, Lone Tree Council - 989-686-6386
Dave Dempsey, Michigan Environmental Council - 517-487-9539
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Federal Agency
Harshly Criticizes DEQ-Dow Deal
An
Ingham County judge Friday opened the door for a legal challenge
to a proposed deal between the Department of Environmental
Quality and Dow Chemical Company that would raise dioxin standards
and could threaten the health of Michigan residents. Judge
William Collette, ruling on a petition by residents and environmentalists,
said even if the proposed Consent Order is finalized by the
outgoing Engler Administration it can be overturned if it
is found to be illegal, as the Attorney General and environmentalists
contend.
"While
we were unable to convince the court to stop the order from
being implemented, his ruling paves the way for us to be back
in court if this sweetheart deal between Dow and the DEQ is
made final," said Tracey Easthope, Director of the Environmental
Health Project for the Ecology Center.
The Judge's
ruling was issued yesterday after a quickly convened hearing
in the Judge's chambers. The Judge rejected the request of
petitioners to issue a temporary restraining order, but did
order a full hearing in early January to review the issues.
In the meantime, the Judge's order will preserve the right
of the coalition to challenge the Consent Order, even if it
is finalized by the DEQ in the intervening month.
The lawsuit
and request for a temporary restraining order are the latest
actions by a coalition seeking to block a proposed "corrective
action consent order" drafted by DEQ in consultation
with Dow that substitutes a standard of 831 parts per trillion
of dioxin in soil, far above the 90 parts per trillion cleanup
standard in DEQ policies and rules. The less protective standard
would initially apply to the Midland area, where sampling
has shown high levels of dioxin in public areas, but could
later be extended to other contaminated areas. Families who
live along the Tittabawassee River fear the standard will
be extended to their yards and neighborhoods. The coalition
also believes that a state and national precedent could be
set if the methods used to derive the standards are adopted.
"We're
pleased that the judge is willing to fully review the issues
in the case," said Chris Bzdok, an attorney for the citizens,
"and we are encouraged that our rights to challenge the
order are protected in the meantime."
Also on
Friday, Region 5 of the Environmental Protection Agency submitted
extensive and highly critical comments challenging the draft
order, in time for the close of public comment today, December
9. For a copy of those comments, and for more information,
see http://www.ecocenter.org.
Groups
filing the lawsuit in Ingham County Circuit Court were: Lone
Tree Council, Tittabawassee River Watch, Ecology Center, Clean
Water Action, Citizens for Alternatives to Chemical Contamination,
and PIRGIM. In addition, ten residents of Midland and the
contaminated downriver floodplain joined in the action.
