Summary Judgement Sought on Petition to Revoke Fulcrum Centerpoint’s Air Permit by Petitioners

[Shortie]

For those of you in the Gary Indiana area who are involved in obtaining environmental permits, there is a legal development that is quite significant which could affect the process of future permits. The residents of Gary, represented by the Gary Advocates for Responsible Development (G.A.R.D) have filed a motion for summary judgment to revoke Fulcrum Bioenergy's air permit for its Centrepoint facility. The Indiana Department of Environmental Management's (IDEM) decision to classify the plant as a "minor source" of pollution has been challenged by this action despite claims that it could emit over 1,400 tons of volatile organic and almost 1,200 tons of particulates.

The lawsuit argues that IDEM failed to obtain information that was necessary to accurately determine the hazardous emissions that come from the plant and also did not adequately scrutinize Fulcrum's emissions claims.

This case highlights the importance of transparent and thorough processes when it comes to evaluation processes for environmental permits and it could set an example of how permits are challenged and issued in the future.

If you are currently in a field that requires similar permits mentioned here, this case may very well be relevant to you.

You can read more on this in the full article here

 

[Eric]

I used to travel between Michigan and Chicago on a somewhat regular basis and would pass through Gary along the way. I remember it being probably one of the most industrial/blighted cities I've ever encountered, outside some parts of other major metros (e.g., Detroit). It's admirable that the local non-profit (GARD) is taking a stand and challenging the permitting of air pollution emissions, but they would really seem to have their work cut out for them improving overall environmental quality in a city like Gary (they can maybe win this battle, but what about war?). Nevertheless, I'm sure Gary has its share of disadvantaged/low-income residents, so any effort by the community to reduce negative public health consequences of additional air pollution - on top of what the city probably already experiences - would probably be critical from an environmental justice perspective.