A second lawsuit challenging a controversial new landfill in
eastern New Orleans was filed in Civil District Court on Friday,
this one alleging that Mayor Ray Nagin abused his emergency
authority in granting a zoning waiver to the landfill's operators.
The suit asks a judge to yank the landfill's permit and to
prevent Nagin from renewing an emergency order temporarily
suspending the city's comprehensive zoning ordinance, which expires
Aug. 14. That order allowed the landfill to open.
A previous suit against the Chef Menteur landfill, which was
unsuccessful, asked a federal judge in late April to reject the Army
Corps of Engineers' granting of an emergency federal water permit to
the landfill's operators, Waste Management of Louisiana.
Since then, the operation of the landfill has continued mostly
uninterrupted, save for a short shutdown requested by Nagin just
before the May 20 runoff election. But controversy has continued to
swirl around the site, with leaders of the nearby Village de l'Est
community and environmentalists saying they fear the landfill will
contaminate and stigmatize their neighborhood.
A series of meetings between landfill critics and supporters --
including city officials, state regulators and the operators -- has
yielded little fruit. Requests from the opponents that they be
allowed to test the material in the landfill have so far been
rejected; meanwhile, proponents say recent tests of nearby air and
water prove that the landfill is "not toxic."
The new challenge to the Chef Menteur site focuses mainly on the
political process rather than science, alleging that the mayor does
not have the authority under the city charter to circumvent the City
Council's purview over land-use matters, even during an emergency.
One of the two lawyers for the plaintiffs is Walter Willard, a
brother of City Councilwoman Cynthia Willard-Lewis, who represents
the area and is a vocal opponent of the landfill.
The suit comes less than two weeks after members of the council
sent Nagin a letter asking to discuss whether it's time to end the
10-month-old state of emergency that gives Nagin the authority to
suspend some normal city laws and regulations.
The plaintiffs in the suit include four residents of eastern New
Orleans, among them a nun and former state Rep. Sherman Copelin.
The suit alleges that Nagin's executive order "bypassed the
legislative powers of the City Council" in violation of the city
charter. It claims Nagin cannot use his emergency authority to
suspend the charter, which "requires the council to vote on zoning
issues."
Along with those procedural questions, the suit says Nagin failed
to back up claims that a new landfill in New Orleans was needed, and
it claims that "viable and reasonable alternatives" are available to
dispose of debris in the area.
Last week, the Sierra Club announced its intent to sue in federal
court to attempt to force the closure of another eastern New Orleans
dumping site, the Old Gentilly landfill. As with the Chef Menteur
landfill, state regulators fast-tracked a permit for Old Gentilly in
the wake of Hurricane Katrina, citing an urgent need for landfill
space.
. . . . . . .
Gordon Russell can be reached at grussell@timespicayune.com or at
(504) 826-3347.
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