4:32 PM CDT on Tuesday, August 15, 2006
A federal judge denied a request for a temporary restraining order that could have kept a controversial landfill open in New Orleans East.
WWL-TV
Those opposed to the landfill celebrated when the facility shut its gates.
The landfill in the east was closed Tuesday after Mayor Ray Nagin issued a “cease and desist” against the continued operation of the site. Waste Management, which operates the site, had sought to get an injunction to keep it open.
Residents cheered the decision, but Waste Management warned that without a place to expedite city dumping quickly, the city would soon find itself with a problem that gets bigger and bigger.
"Today's decision does not change the fact that the lack of a safe construction and demolition landfill like the Chef site obstructs the city's recovery. Demolition and rebuilding of homes in those neighborhoods most heavily impacted, such as the 9th Ward, Lakeview, Broadmoor and Gentilly, could now be delayed for years. Louisiana DEQ has said that those residents who are rebuilding will move into renovated or new homes with piles of construction and demolition debris stacked in front of them for months. Plus, the city will eventually have to pay out millions of dollars for debris collection to pick up these piles, once FEMA stops paying 100 percent of the costs," said Gerard Sonnier, Waste Management vice president and assistant general counsel. "This is not the end of the story. As rebuilding is delayed and this trash stacks up, the people of New Orleans will need to deal with this again."
Initially Nagin had approved the landfill in April, using his emergency powers to open the dump for hurricane debris for six months without the company having to go through the normal permitting process.
Following a series of protests by the N.O. East community and meetings with Nagin and other city leaders, the mayor decided to let his emergency order lapse on August 14.
The State Department of Environmental Quality went to court to keep the site open, citing a need to get rid of the city’s storm debris.
The DEQ kept the site open Monday over Nagin’s objections, but had it closed Tuesday as a threat by neighbors to block the roadway was made.
The judge’s ruling Tuesday effectively squashed the chances of it reopening soon, though Nagin has said Waste Management could go through the normal permitting process. Given the city council’s comments on the matter, it is unlikely it would be effective.