The BZA found that the County’s zoning ordinance did not allow for the burning of hazardous materials at the cement plant’s current location, which is close to residences and a school. Essroc argued that a past county official, no longer in office, had told Essroc that it could go forward with its plan. Earthjustice and the Center intervened in the case to defend the BZA’s decision.
The County and Sierra Club prevailed in the trial court and again in the Indiana Court of Appeals. On September 26, the Indiana Supreme Court denied transfer, thus maintaining the favorable Court of Appeals decision. Jeff Hyman, Center senior staff attorney, was relieved by the Supreme Court’s denial of transfer: “When Ms. Desai of Earthjustice called us and asked for our help in fighting Essroc’s plan, we knew it was an important case to get involved in. Not only have we stopped or at least slowed Essroc’s misguided intention to burn hazardous materials near a school and residential neighborhoods, we have helped to preserve the right of local governments to correct the legal errors of past officials.” The Center and Earthjustice will continue to monitor Essroc’s behavior in Clark County.
