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State Representative Joe Mullery

403 State Office BuildingState Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-4262

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Posted: 2012-03-23 00:00:00
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E-Update

REPRESENTATIVE MULLERY ATTEMPTS TO THWART JUDGE'S QUESTIONABLE RULING IN NORTHERN METALS CASE


Today, State Representative Joe Mullery offered an amendment to a bill on environmental permitting. Joe's amendment would prohibit a judge from issuing an order to an environmental agency without giving the agency a chance to present its arguments for its side. The Republicans didn't put up any substantial arguments against Joe's amendment, but merely said to vote against it and all of them did. Almost all Democrats voted with Joe.

Northern Metals is a metal shredding company on the river at about 28th Avenue North. They are trying to greatly expand the amounts of pollutants they are sending into the air. The Pollution Control Agency made a mistake when they issued a proposed permit after they did an Environmental Assessment Worksheet (EAW). The proposal would have allowed 4.2 lb/hr of particulate matter. Their mistake was pointed out and they attempted to do a new EAW using 1.83 lb/hr and then open a comment period. Northern Metals attorney went to a judge without notifying the PCA and obtained an order requiring the agency to proceed to either issue the permit based on the incorrectly higher amount or to do an Environmental Impact Statement (EIS). It is unusual to require an EIS. By doing so, the judge interfered with the normal process of allowing the agency to correct its mistake, do a correct EAW, and then issue a proposal for a permit at 1.83, with a public comment period to follow.

Joe's amendment would prevent judges from issuing orders interfering with the mandatory duties of state agencies unless the judge first holds a hearing allowing both sides to present their case. How do you vote against that?

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