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Re: GLIN==> Great Lakes Environment Loses Appeal



Well, our appeal did not work and the Navy families can now move in next to this "superfund-calliber" landfill without U.S. EPA's concurrence that the remedy is operating properly to keep carcinogenic vinyl chloride gas from getting into the adjacent housing as it had in the past.*  Will the Navy continue to limit exposure times for personnel in the adjacent housing to five years? Or will the Navy move forward in the fiction that the landfill cap is protective of human health?
 
As far as the 7th Circuit is concerned, this case was dismissed without prejudice and may be brought at some time in the future when the Army declares the interim remedy to be final (but that Court will proabably be less willing to reverse the illegal decision from years past).  For now we have to wait because the Army has issued a new "final" proposed remedial action to Illinois EPA, the old "final" proposed remedial action was published for comment a year ago.  Now we have to comment again?
 
According to Steven Pollack, "its too bad the Court enlarged the jurisdiction-limiting reach of one section of the statute to extinguish timely review for other mandates in the same statute that are separate from the cleanup.  It is not a reasonable way to interpret a statute as a whole."
 
*"The landfill gas sampling and risk evaluations conducted indicate no immediate risks for the military residents based on existing conditions and a maximum period of 5 years living adjacent to the landfills.  Navy personnel currently allocated to the adjacent housing live in these units no more than 5 years." Response by the Army to Public Comments to the Interim Remedy made by the cities of Highland Park and Highwood. 1997
 
Steven B. Pollack, Attorney
Executive Director, Blue Eco Legal Council
3390 Commercial Ave.
Northbrook, IL 60062
847-436-9566
www.ecoesq.com
www.landfill7.com

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Attachment: AppealDecision101807.pdf
Description: 3508398325-AppealDecision101807.pdf