Description:
For years, residents of the Town of Bethany suffered adverse health and quality of life impacts from chronic exposure to fugitive dust and particulate emissions from a shale mining and processing facility operated by Arcosa Lightweight. Neighbors reported respiratory problems and other adverse impacts from the facility’s emissions to state and local officials.
The issue escalated when Arcosa clear-cut large swaths of forest land surrounding the mine, despite a 1,000-foot residential buffer requirement that Morgan County had imposed as a condition of the company’s special zoning exception. Those buffers were intended to help protect nearby homes and communities from the impacts of the mine’s operations.
The Town of Bethany sought legal assistance from the Conservation Law Center to address the problem. CLC worked with the Town to seek solutions and hold the company accountable under Indiana nuisance law, the county zoning ordinance, and the federal Clean Air Act. Our attorneys sent a detailed letter to Arcosa’s senior management outlining the company’s potential legal liability and opening the door to negotiations aimed at resolving the community’s concerns.
During the negotiations with Arcosa, CLC pushed the facility to update its air pollution control technology, designate a community liaison to more promptly respond to residents’ complaints, and agree to limit further expansion of its mining operation.
Current Status:
Amid ongoing negotiations, Arcosa decided to idle and wind down its operations. While multiple factors appear to have contributed to the decision, CLC’s advocacy played a part. Local officials agree with CLC’s interpretation of the county’s zoning rules as limiting the company’s ability to expand and IDEM was investigating the company’s clear air violations. The closure prevents further industrial expansion near Bethany and brings relief to residents who had long been affected by dust and air pollution from the site.
