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Michigan Court of Appeals vacates cleanup order in Ann Arbor pollution case

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Michigan Court of Appeals vacates cleanup order in Ann Arbor pollution case


ANN ARBOR, MI — The Michigan Court docket of Appeals has issued a ruling in an Ann Arbor air pollution case, vacating a Washtenaw County decide’s June 2021 cleanup order.

The opinion to reinstate a earlier consent judgment and remand the case to trial courtroom is a disappointment and highlights the necessity for a stronger polluter-pay legislation in Michigan, Mayor Christopher Taylor mentioned of the Sept. 15 resolution within the metropolis’s case towards dioxane polluter Gelman Sciences Inc.

“We are going to proceed to evaluation our authorized choices and do all the things to make sure that Ann Arbor continues to have clear, protected ingesting water for many years to come back,” Taylor mentioned.

Ann Arbor-area leaders name for reinstating sturdy polluter-pay legal guidelines in Michigan

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Town has been working with Scio Township, Washtenaw County, the state of Michigan and the Huron River Watershed Council on the litigation towards Gelman for a number of years, searching for to get the previous Wagner Highway filter producer to do extra to handle the poisonous chemical plume spreading from the location, together with accelerating cleanup and monitoring.

Gelman, which is now not in operation, left the realm’s groundwater closely polluted a long time in the past with an industrial solvent often known as 1,4-dioxane that was utilized in its manufacturing course of for a few years and discharged into the surroundings, posing threats to native water provides because the plume has step by step unfold for miles because it originated.

Water tower marking website of infamous industrial polluter demolished close to Ann Arbor

The water tower that when marked Gelman Sciences property is toppled by Iseler Development at 642 S. Wagner Highway in Scio Township on Tuesday, Aug. 23, 2022.Jacob Hamilton | MLive.com

With the events unable to achieve settlement on the perfect plan of action to remediate the plume after years of litigation and negotiations, Washtenaw County Circuit Choose Tim Connors final yr ordered Gelman to implement further cleanup and monitoring actions outlined in a proposed consent judgment that had didn’t get assist from all events.

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Along with extra pumping and treating of contaminated groundwater and attacking the plume at its supply, the plan referred to as for putting in extra monitoring wells. However Gelman has continued to push again and appealed.

Forward of a Michigan Court docket of Appeals listening to in Lansing, Metropolis Lawyer Atleen Kaur informed Metropolis Council in June town’s authorized crew had filed a movement searching for to implement Connors’ cleanup orders and ask Gelman to point out why it wasn’t implementing beforehand ordered measures. Kaur didn’t instantly reply to a request for touch upon the newest courtroom ruling.

Testing reveals contamination from Ann Arbor dioxane plume in wells close to Huron River

Rebecca Esselman, Huron River Watershed Council govt director, agreed the ruling could be very disappointing.

U.S. Rep. Debbie Dingell, D-Ann Arbor, additionally issued an announcement calling for a federal Superfund cleanup overseen by the U.S. Environmental Safety Company as a approach ahead now.

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“Polluters who don’t take duty for his or her poisonous waste have to be held accountable and our communities should have religion that the judicial system will present that justice,” she mentioned in response to the ruling. “This ruling overturning the 2021 judicial order that might power Gelman to enact pressing, substantive cleanup measures will put human well being and our water in danger.”

For many years, Gelman has tried to stall and deflect whereas the plume spreads and threatens water provides and environmental well being, Dingell mentioned.

“It was clear already – and even clearer now – that we should act urgently to designate this website as an EPA Superfund website in order that we are able to lastly clear up this website and start to finish this nightmare for households residing on this space,” she mentioned.

New monitoring wells to assist Ann Arbor observe unfold of poisonous air pollution

Dan Bicknell, an environmental remediation skilled and former EPA Superfund enforcement officer who’s credited with discovering the Gelman plume within the Nineteen Eighties when he was a College of Michigan graduate scholar finding out public well being, reacted to the courtroom’s ruling by reiterating his long-held place {that a} Superfund cleanup remains to be the most suitable choice to achieve a correct remediation of the plume.

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The plaintiffs within the case have been informed that a number of years in the past but they’ve wasted a number of years and many taxpayer cash on legal professional charges on a idiot’s errand in state courtroom, he mentioned.

The Court docket of Appeals ruling was issued by a three-judge panel that included Elizabeth Gleicher, Michael Gadola and Christopher Yates. The courtroom agreed with Gelman that the native intervening events within the authentic state case towards Gelman weren’t permitted to take part except they filed complaints.

“Right here, relatively than being made to plead and show their claims, the intervenors have been allowed to take part in a hybrid ‘intervening-amicus’ capability, providing opinions, naysaying the settlement settlement, and making further remediation calls for with out submitting complaints or going through the traditional incidents of litigation, similar to defenses raised by Gelman,” the opinion states. “Having intervened as plaintiffs, the intervenors should file their complaints and thereby topic themselves to the incidents of litigation, or face dismissal.”

The appeals courtroom additionally noticed the trial courtroom acknowledged the case was on the “remedial stage” and “a long time past litigation of whether or not or not Gelman polluted the water.”

“The trial courtroom’s assertion inaccurately means that there was a discovering of Gelman’s legal responsibility,” the appeals courtroom opinion states. “In 1991, the trial courtroom dismissed the vast majority of the claims towards Gelman, and the state and Gelman settled the remaining claims. The intervenors have but to say any claims, and consequently Gelman has but to be heard on the intervenors’ purported claims.”

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Thus, there was no dedication within the case that Gelman is liable, the appeals courtroom dominated.

As for the place the case might go subsequent because it heads again to trial courtroom, the appeals courtroom dominated the state and Gelman are free to barter a brand new amended consent judgment as they see match, which they might current to the trial courtroom. If the events discover it vital, they’ll search the trial courtroom’s involvement.

However except Gelman or the state search the trial courtroom’s involvement, the earlier consent judgment, which requires much less cleanup and monitoring, stays in impact and the trial courtroom ought to play no function in negotiating a brand new one, the appeals courtroom dominated, additionally figuring out the trial courtroom should require the native events to file complaints or be dismissed from the case.

MORE FROM THE ANN ARBOR NEWS:

Ann Arbor highway challenge delayed after bids are available 193% greater than anticipated

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How Ann Arbor challenge received $20M earmark nonetheless a thriller to native lawmakers

College of Michigan stories report $1.7B in analysis spending in 2022

Need to be a part of Washtenaw County authorities? Officers publish 100 openings on volunteer boards

Ann Arbor Trash Discuss Tour returns with excursions of recent metropolis recycling plant



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Michigan steps back from developing 1,400-acre rural megasite

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Michigan steps back from developing 1,400-acre rural megasite


Michigan is no longer pursuing a plan to turn farmland into an industrial site after facing community pushback on developing the controversial megasite.

The Michigan Economic Development Corp. and the Lansing Area Economic Partnership, LEAP, put together a 1,400-acre megasite in Eagle Township to attract a largescale, job-creating investment.

But after the state disbursed nearly $6 million to the project, it’s been halted.

“We continue to believe the site could have great potential given its proximity to infrastructure, workforce and other adjacent industrial uses,” said Otie McKinley, a spokesperson for the Michigan Economic Development Corp. “We also recognize that this is not the right time to pursue additional development on the site.”

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‘At what cost?’ Michigan communities fight mega sites despite promise of jobs

The Eagle Township megasite, also known as the Michigan Manufacturing Innovation Campus, was one of four megasites the state started assembling two years ago as a part of its strategy to land major billion-dollar investments.

Named for their size, each “build-ready” megasite is at least 1,000 acres.

Others are located in Mundy Township near Flint, Shiawassee County and Marshall, where Ford Motor Co. is building a $2.5 billion electric vehicle battery plant.

The Michigan Strategic Fund earmarked $75 million two years ago to make these megasites “build ready” with infrastructure upgrades and real estate acquisition.

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For the Eagle Township property, the state distributed $5.95 million to LEAP for site prep. LEAP did not respond to questions about how the funding was spent.

A former map of the Michigan Manufacturing Innovation Campus, a 1,400-acre megasite located in Eagle Township. (Photo provided by the Lansing Area Economic Partnership)

LEAP says there was a “sense of urgency” because of Michigan’s need for “sites of that magnitude to pursue important semiconductor and EV-related industry investment projects to reshore US manufacturing and technology jobs.”

It took six months of “confidential real estate assembly” to put together the Eagle Township megasite, according to LEAP. This included farmland donated to Michigan State University by late farmer David Morris and private properties under a three-year option agreement.

LEAP has since allowed the real estate options to expire after “the local municipality leaders and neighbor sentiment turned from initial unanimous support into significant opposition.”

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“We took the further step of offering early termination to all affected property owners in recent weeks,” LEAP said in a statement.

Michigan assembling 1,000-acre ‘mega sites’ to attract big investments

This decision comes after the project faced significant backlash from community members who objected to the large swath of rural land becoming a major industrial site.

Opposition gained momentum over the past two years through a 3,200-member Facebook group called “Stop the Mega Site, Eagle MI.” Red signs proclaiming “No Eagle Megasite” have also dotted the rural community located about 15 miles west of Lansing.

Eagle Township Supervisor and local farmer Troy Stroud, 54, says he’s cautiously optimistic about the news.

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“We’re not all farmers in Eagle, but it’s a very strong part of how we identify and what we enjoy about where we live,” he said. “It’s what matters to us, and you have to fight for what matters to you.”

Eagle Township

Michigan is no longer marketing a 1,400 megasite in Eagle Township for future industrial development. (Photo by Rose White | MLive)Rose White | MLive

A key sticking point for opponents was that Morris, a former Eagle Township supervisor and longtime farmer, donated his centennial family farm to Michigan State University with the stipulation it must remain farmland until 2031. MSU previously said the agreement would extend to any future owner, but the university was sued last year for allegedly redacting too much information about the deal.

Stroud says a “lack of transparency” was another major issue after former township supervisor Patti Schafer signed non-disclosure agreements about the project.

“We just wanted some transparency around what it was,” he said. “It just became this quest of wanting to know the knowledge, the details, what was really happening.”

State approves $250M grant for new Genesee County megasite

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This led to Schafer, Township Treasurer Kathy Oberg and Trustee Richard Jones facing recall efforts over the NDAs. Schafer lost her seat to Stroud while Oberg and Jones both resigned last November.

Secrecy around economic development has also been contentious in Lansing where lawmakers have signed confidentiality agreements tied to big deals.

It remains unclear what the future holds for the Eagle Township megasite.

Both LEAP and the Michigan Economic Development Corp. said it is not currently being marketed for development. A website for the Michigan Manufacturing Innovation Campus is now password protected. And the “primary economic opportunity” LEAP was trying to land chose another location outside the region.

Additionally, Eagle Township adopted a 220-page master plan in September that reflects residents’ will “to maintain the cherished natural and rural charm of the community.” It also updated its zoning rules around industrial sites.

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“The future of a site in Eagle Township remains in the hands of the community,” McKinley said. “We are always open to any future engagement should their vision or plans for development on that site change from what they are today.”



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Michigan State’s leading rusher a familiar name for Rutgers football fans

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Michigan State’s leading rusher a familiar name for Rutgers football fans


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PISCATAWAY – It’s been a long college football journey for Michigan State’s leading rusher, but it’s one that started five years ago with Rutgers football.

Running back Kay’ron Lynch-Adams spent the 2019 and 2020 seasons with the Scarlet Knights before transferring to UMass, but now he’s with the Spartans and a player Rutgers’ defense will need to limit Saturday (3:30 p.m., FS1) at Spartan Stadium in East Lansing.

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The 5-foot-10, 215-pound Ohio native returned to the Power 4 level with the Spartans as a sixth-year graduate transfer, and through 11 games has a team-leading 580 yards rushing on 124 carries (4.7 yards per attempt) with two touchdowns.

Lynch-Adams’ production isn’t surprising to Rutgers coach Greg Schiano, who on Monday said he believed Lynch-Adams had this type of potential.

“I was disappointed when he left. I liked the young man, and I also really liked the football player,” Schiano said. “And I can remember exactly where I was when he called me to tell me he was leaving. I was truly disappointed, and really tried to keep him.”

Lynch-Adams played in nine games for Rutgers in 2019, finishing with 161 rushing yards on 48 carries. Then in 2020, he ran for 159 yards and one touchdown on 35 carries in the pandemic-shortened nine-game season.

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The problem for Lynch-Adams was that there was a stellar running back atop the depth chart – now two-time Super Bowl champion Isiah Pacheco of the Kansas City Chiefs.

While Schiano didn’t want Lynch-Adams to leave, he couldn’t blame him either.

“I understood why,” Schiano said. “You know, you had this guy by the name of Pacheco in front of him, and he’s a pretty good player, too.”

Lynch-Adams was productive at UMass – last season he rushed for 1,157 yards on 236 carries with 12 touchdowns.

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“It’s not like I have stayed in touch with him but I have a little bit,” Schiano said. “I really respect him. He’s a hard-working kid. He’s a really tough football player and I love the way he played. I loved what he did. He was a team guy. I was disappointed when we lost him, and I’m not surprised that he’s having success.”

Lynch-Adams will be the latest challenge for Rutgers’ run defense, which has been up and down this season. He splits carries with Nate Carter, who’s rushed for 452 yards and four touchdowns this season.

The Scarlet Knights are hoping to pick up a seventh regular-season victory, something they haven’t done since 2014.

Limiting Lynch-Adams will be a key to making that happen.

“He’s someone that we have to stop now for sure,” Schiano said.

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What injury? Freshman leads Michigan State past Colorado in Maui Invitational opener

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What injury? Freshman leads Michigan State past Colorado in Maui Invitational opener


So much for Jase Richardson’s sprained left ankle.

Less than a week after rolling it late in a game and being helped off the court, he led Michigan State on it.

The freshman guard came off the bench to score a career-high 13 points as the Spartans rolled to a 72-56 win against Colorado on Monday in the opening around of the Maui Invitational at the Lahaina Civic Center.

In the first tournament setting of the season, Michigan State overcame another miserable shooting performance beyond the arc (2-for-21) with a deep rotation, explosive transition game and active defense.

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The Spartans (5-1) will play their second of three games in three days on Tuesday (6 p.m., ESPN) in a semifinal against Memphis (5-0), which survived a late rally to knock off No. 2 UConn 99-97 in overtime earlier Monday. The other half of the bracket features No. 4 Auburn, No. 5 Iowa State, No. 12 North Carolina and Dayton, who are all playing later Monday night.

Richardson made six of eight field goals and was one of 10 different scorers for the Spartans, whose bench outscored the Buffaloes 40-13. Frankie Fidler scored nine, Jeremy Fears had eight and six assists and Coen Carr had eight points.

Julian Hammond led Colorado with a game-high 15 points while Elijah Malone scored 14.

Any concerns about Richardson’s mobility after suffering a sprained ankle late in last week’s 83-75 win against Samford were quickly erased. He checked in less than four minutes into the game and immediately got in the paint for a basket. Richardson shot 4-for-4 from the floor in the first half and Carr made all three of his shot attempts as the two combined for 14 of Michigan State’s 23 bench points in the opening 20 minutes.

That helped make up for the awful 3-point shooting that has plagued the Spartans so far this season. They entered Monday’s game ranked 352nd out of 355 teams in the nation from beyond the arc at just 22.1 percent and picked up where they left off. Michigan State shot 50 percent (15-for-30) from the floor in the opening half despite missing all nine 3-point attempts.

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After the teams traded baskets and slim leads, the Spartans closed the half on a 17-4 run. Colorado went scoreless for more than five minutes and missed 10 straight shots at one point before going into halftime trailing 38-25.

Coming out of the locker room, the Buffaloes put together an 8-2 run with a pair of triples from Hammond but three quick turnovers prevented them from further shrinking the deficit. After Michigan State missed its first 14 triple tries, Richardson knocked one down a little more than six minutes into the second half to reestablish a double-digit advantage. The Spartans cruised down the stretch to secure a spot in the semifinals.



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