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7th Circuit affirms rulings for EPA in Bloomington PCB cleanup

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The 7th Circuit Court of Appeals Thursday turned away a citizen-led appeal of rulings favorable to the Environmental Protection Agency in an ongoing cleanup of a former Westinghouse Electric Corp. plant that polluted the Bloomington site with toxic PCBs.

The court affirmed rulings by U.S. District Chief Judge Richard Young of the Southern District of Indiana. Young granted summary judgment in favor of EPA and also rejected a motion that he disqualify himself based on prior rulings.

“The district court correctly granted summary judgment to the EPA on plaintiffs’ claims regarding the first remedial stage. Plaintiffs also are not prevailing parties on their claim that the EPA and its administrator were required to have the court enter agreements between parties as consent decrees,” Circuit Judge David Hamilton wrote in Sarah E. Frey, Kevin Enright and Protect Our Woods Inc. v. Environmental Protection Agency and Gina McCarthy, Administrator, 13-2142.

“Finally, Chief Judge Young was not required to recuse himself, and his denial of the motion to disqualify did not violate plaintiffs’ right to due process of law,” Hamilton wrote.

The appeal is the latest in a long line of cases involving the former Westinghouse plant that also operated under the CBS name. It manufactured capacitors from the 1950s to 1970s that contained polychlorinated biphenyls regulated under the Toxic Substances Control Act, and a consent decree on cleanup of multiple polluted sites in Bloomington has been in place since 1985.

Young correctly found plaintiffs’ motions were moot because the cleanup is ongoing or because plaintiffs are not prevailing parties or parties to the original consent decree, and as such they also are not entitled to attorney fees.

“Simply put, there is no reason the district judge should have recused himself from this case,” Hamilton wrote. “His decision not to do so did not deny plaintiffs due process of law. … “The judgment of the district court dismissing this action is affirmed in all respects.”

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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