Center for Biological Diversity ORCAA Letter

A SCATHING REBUKE

Submitted to Shelton Blog by Katherine Price Mason County Progressive

Fellow air-breathers, if you have not read the March 25th letter from the Center for Biological Diversity to ORCAA, commenting on the ADAGE application, you have to read it (see blog reference documents above). It is scathing in its rebuke of ORCAA for their handling of the ADAGE application.

Check out some of their comments:

"Approval of the NOC for this Project would violate the plain text of the Clean Air Act and applicable regulations."

Or how about:

"ORCAA lacks jurisdiction to approve this Project..."

They were not impressed that ORCAA staff provided authority for one of their interpretations based on an email from EPA Region VI staff, in connection with a provision of New Mexico's State Implementation Plan:

"An email from a different EPA region, concerning a different project and interpreting another state's SIP [State Implementation Plan], cannot override the plain text of the statute and applicable regulations."

There's more:

"Notwithstanding the lack of adequate legal support, ORCAA staff has apparently accepted the applicant's position."

The sentence that will make Mason County Air Breathers happy they associated with attorney David A. Bricklin follows:

"The Center also has reviewed the comments submitted by David A. Bricklin on behalf of the Concerned Citizens of Mason County; the Center concurs with these comments and hereby incorporates them by reference."

Score one for the good guys!

This is a four page feel-good letter that everyone should read. It's a serious smack-down of ORCAA, who never met a permit they didn't grant, and a lovely affirmation of our position on ADAGE for the past year. I will be contacting the Center shortly and asking them to take a look at the Simpson/Solomon project!

This time I say with sincerity, happy reading!

SHELTON BLOG NOTES:

Link to CBD letter to ORCAA:
http://myweb.hcc.net/pkands/docs/CBD.pdf

CBD letter also available in blog Reference Documents

City of Shelton Commission Meeting:
Monday, April 4th, 6:00 PM at the Civic Center
Let's continue to request a one year MORATORIUM
on new biomass incinerator projects to allow time
for relevant pollution data to be collected.