Great Lakes Law
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Fort Sheridan Appeal

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This entry was posted on 3/4/2007 10:27 AM and is filed under Great Lakes Ecology.

On May 12, 2006 I filed a citizen suit under the Comprehensive Environmental Response, and Cleanup Liability Act (CERCLA) against the Army and Navy for violations of mandatory duties at Fort Sheridan.  see www.landfill7.com

Specifically, the defendants violated a provision that requires all remedial action be complete prior to transferring contaminated federal property.  Without having finished the cleanup they have transferred the property and are redeveloping it. [CERCLA Section 120(h)(3)]

On September 11, 2006 the government filed a motion to dismiss my suit as premature because another provision of CERCLA bars federal court jurisdiction to hear challenges to remedial decision while the cleanup is ongoing.  [CERCLA Section 113(h)]

I argued that my challenge was not a premature challenge to the remedial decision but rather a challenge to the premature transfer.  The government argued that a challenge to the transfer was effectively the same as a challenge to the cleanup.  On December 15, 2006 Federal Judge Manning agreed with the government defendants and dismissed my case.

I filed a notice of appeal and have now filed my appellate brief to the Seventh Circuit Court of Appeals.  The government's Response is due March 20, 2007. 

There are three ways to keep up to date on my case against the Army and Navy.

  1. Read this blog for periodic updates on all my citizen suit activities
  2. Go to my Fort Sheridan Landfill 7 site: http://landfill7.com/fortweb/FortNews.htm
  3. Join our new environmental group, the Blue Eco Legal Council: http://www.ecoesq.com
If you choose the third option and join Blue Eco, you will receive our e-newsletter.  By joining, we will be litigating lapses in environmental enforcement in your name as a member.  Membership is free.
 

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    Copyright . Steven Pollack. All rights reserved.