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At 7:19 AM -0800 2/27/04, M Charles Swope wrote:
A judge reviewing plans for a proposed tire burning plant associated with an existing ethanol plant in Preston has severely criticized the MPCA for its review of the proposal.
Actually, if I recall, the Ethanol Plant was burned to the ground in a Multi Department fire last year. As far as I know there are no plans to rebuild the plant.
Anyone concerned about the MPCA's conduct in relation to the GSE plant here in St. Paul might find this enlightening. City Pages has an article on it at:
We are very interested and happy, and also find the court ruling to be a blessing for us as we move forward to stop GSE's permit renewal.
Another interesting aspect of the GSE issue is the developments at the MN Supreme Court which ruled yesterday about a Compost Site in Maplewood. The decision while split, split in the right direction. A story in today's Pioneer Press only gives one side of the whole thing
http://www.twincities.com/mld/twincities/news/local/8051646.htm
Whereas if you read the court opinion you come away with a different aspect in which the Court Affirmed that ODOR is a NUISANCE and is actionable and even Ramsey County is NOT IMMUNE from such action. While the Ramsey County case is based largely on the Health Effects from the compost site, the court in it's decision opened the door for cases involving ODOR as an actionable cause under MN Statue 561.01 .
http://www.courts.state.mn.us/opinions/sc/current/opc011066-0226.htm
When you read MN Statue 561.01 It all becomes much clearer now why the city had to settle in the Case against GSE. The City couldn't seek damages as a plaintiff as this is a CIVIL action, and could only seek Enjoinment (a shut down or the facility) or abatement. They must have thought that getting Abatement would be satisfactory and enjoinment as a less likely option.
These decisions while excellent victories for the parties involved, are also very far reaching in helping others in similar situations, like us in the W7th St Area in our fight against GSE.
Though there has been little discussion about GSE as of late, DO NOT BE FOOLED, we have not stopped and are actively stepping up our actions. Including the Rally at the State Capitol on March 4th at 1pm, Making sure the 150 who attended the Monroe Meeting and signed up are continuing to make complaints when ever they smell the place.
West End GSE Action Group ( W.E. G.A.G ) has been formed to help co-ordinate efforts and encourage people to help us as we help them. Anyone who is interested in joining us in any and all legal avenues open to us is encouraged to contact Dori Ulman at 651-310-9967 or myself at this email address or by calling 651-222-2772.
-- Sincerely, John Birrenbach [EMAIL PROTECTED]
"Six years on the council has trained me to feign interest for long periods of time" Chris Coleman Jan 21, 2004
W 7th Neighborhood, St Paul MN
Political & Business Consulting http://www.birrenbach.com/
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