Description:
For years, residents near a shale mining and processing facility operated by Arcosa Lightweight in Morgan County experienced persistent dust and particulate pollution that affected their health and quality of life. The operation sits in a rural, residential area outside the Town of Bethany, where nearby neighbors reported respiratory problems and other impacts from the facility’s emissions.
The issue escalated when Arcosa clear-cut several hundred acres of forest surrounding the site, despite a 1,000-foot 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 industrial activity.
The Town of Bethany asked the Conservation Law Center for help addressing 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.
CLC also advocated for stronger protections for residents, including limiting the company’s ability to expand beyond existing zoning restrictions and requiring operational changes that could reduce pollution impacts.
Current Status:
Arcosa has decided to shutter its Bethany facility. While multiple factors likely contributed to the decision, local officials agreed with CLC’s interpretation of the county’s zoning rules and indicated that any attempt by the company to expand its operations would likely be denied. 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.
