November 10, 2008
Citizen Group Will Appeal Dismissal of FBI Bullets Case
Blue Eco Legal Council announced today that it will appeal the decision
by federal district judge Ronald A. Guzman dismissing their suit for
lack of standing. The group had sued the FBI for discarding pollutants
in the form of lead bullets into Lake Michigan and also the park next to
its training range in North Chicago.
“The judge’s ruling failed to resolve any of the issues” said
attorney Steven B. Pollack, executive director of the group.
“Instead, he held that we are not harmed enough by the discharges.”
The group had found 40 bullets in Foss Park next to the range that they
claimed proved the bullets were ricocheting onto public lands. The FBI
shut down the range when the group brought the bullets into court
seeking a temporary restraining order on April 1, 2008. The range,
which had been in continuous operation since 1918, remains closed.
Blue Eco claims the judge’s opinion was legal error because Congress
authorizes suits like theirs for any violation of the Clean Water Act.
“By creating this higher requirement for standing, the court is
interfering with Congress’ right to create laws that can be enforced
by citizens when the Executive branch won’t; or in this case when they
are themselves violating the law” said Pollack.
Helping pay Blue Eco’s costs of appeal are Freshwater Future, a
501(c)(3) environmental group based in Michigan, and several private
individuals. Law student volunteers from Chicago-Kent College of Law
will also help prepare the appeal.
Blue Eco Legal Council maintains a website at www.blueeco.org and is
dedicated to enforcing environmental laws at federal facilities.
If you would like to contribute to Blue Eco's appeal, please send a
Steven B. Pollack,Esq.
For: Blue Eco Legal Council Appeal
3390 Commercial Ave.
Northbrook, IL 60062