Though pressed for an explanation, officials in the Nagin
administration did not say why the mayor decided not to renew the
conditional-use permit. While the permit always was set to expire in
August, others involved in the permitting process assumed Nagin
would extend it for six months.
Nagin, however, said late Thursday in an e-mail response to
inquiries that he could not understand why anyone was surprised by
the decision to end the executive order. It was always envisioned as
a six-month operation, he said.
Kyle Schonekas, a lawyer for the plaintiffs, viewed the affidavit
as a huge victory, saying Waste Management will have to start from
scratch if the company hopes to keep the Chef Menteur landfill open.
The plaintiffs still think Nagin overstepped his authority and
will proceed with the suit, asking that the landfill be shut down
immediately, Schonekas said.
Civil District Court Judge Ethel Simms Julien is scheduled to
hear the request for an injunction today, although Schonekas said
the hearing may be continued if Julien allows Waste Management to
intervene in the suit, as the company has requested.
Joel Waltzer, lawyer for the Louisiana Environmental Action
Network and Citizens for a Strong New Orleans East, which jointly
filed an unsuccessful federal suit to block the landfill, was
thrilled to learn of the mayor's position.
"I think it means if Waste Management wants to continue to
operate the landfill, they're going to have to go through the
ordinary zoning process," Waltzer said. "The groundswell of
community opposition and science has been building for months, and
we are elated that the mayor has finally reacted. This is a victory
for the rebuilding of New Orleans and for the vitality of New
Orleans East."
"I can't believe it," gushed Marylee Orr, LEAN's executive
director. "God bless everybody!"
Fear of toxins
If the opponents are right, and the landfill is in its final
throes, it will mark the end of a long and often heated debate
between Village de l'Est residents and environmentalists on one
hand, and city and state regulators on the other.
Critics have complained that the landfill is situated poorly
in marshy territory next to Bayou Sauvage National Wildlife
Refuge.
And they say they fear that, while construction debris is
considered relatively benign compared with other types of
waste, the landfill could leak toxins into the area because
the state broadened the definition of construction debris
post-Katrina. Those fears have been heightened by Waste
Management's refusal to allow testing of the material in the
landfill.
But city and state officials have defended the facility,
saying it's needed because of the huge volume of construction
debris in the city. With the only other landfill in town --
Old Gentilly -- operating at limited capacity, the
next-closest option is the Louisiana 90 landfill in Waggaman,
they say.
City and state officials also have proclaimed the landfill
"not toxic," citing air and water tests they performed
recently.
The mayor's action seemed to surprise state regulators, who
fast-tracked the landfill's permit in part because of what
they viewed as an urgent need for more capacity.
"We're going to have to evaluate what this affidavit
means," said Darin Mann, a spokesman for the state Department
of Environmental Quality. "But we feel the facility is needed
and is playing a crucial role in cleaning up New Orleans. We
don't think there's any technical or environmental reason to
close down the landfill."
. . . . . . .
Gordon Russell can be reached at grussell@timespicayune.com
or (504) 826-3347.
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