Friday, February 8, 2013
Missouri Senate Bill 41 protects polluters
From the Heartland, Margot McMillen writes: Back a couple of weeks ago, when the people had prevailed on an issue, my friend John congratulated me and I answered, “we always win.” Of course, I shoulda said, “we always win and then the cheaters come back and we win again and the cheaters come back with more money and we . . .” because that’s how it goes. They wear you down until you’re just exhausted. So, yesterday, I got the e-mail that they’re back at the legislature with “The Pollution Protection Act” that says citizens can’t sue polluters of any kind, including smelly CAFOs or garbage dumps or any nuisance that has gotten a permit. Here it is, short and sweet: 1. A person shall not maintain an action to enjoin, abate, or recover damages for a private nuisance based upon an air emission or water or solid waste discharge, other than the placement of nuclear waste, where the emission or discharge was expressly authorized by and is not in violation of a term or condition of: (1) A statute or regulation; (2) A license, permit, or order that is issued after public comment by a municipal, county, state, or federal government and subject to continuing compliance oversight, periodic review by the issuing agency, and renewal on a periodic basis; or (3) A court order or judgment. 2. The provisions of subsection 1 of this section shall not apply if the permit or order creates a condition not reasonably foreseeable at the time of issuance or if the permit holder purposefully fails to disclose facts or conditions that are relevant in the issuance of the permit or order. So I’ve been on the phone this morning, calling Senators. Vote No on Senate Bill 41. It’s pro-polluter and anti-citizen. And, hey, dear citizen! If you haven’t had this already, it’s coming to your state, too!