Written by Tanya Terry
Earthjustice and the Great Lakes Environmental Law Center have filed a lawsuit on behalf of several Flint activist groups who would like to prevent the construction of an Ajax asphalt plant proposed to be placed near a Black residential community.
Flint Rising, the Environmental Transformation Movement of Flint, Michigan United, C.A.U.T.I.O.N., and the St. Francis Prayer Center have come together for the lawsuit, which alleges EGLE used inappropriate air quality data and failed to regulate the plant’s material processing properly in the air permit granted to Ajax Materials Corporation.
The plant has been proposed to be placed off East Carpenter Road, across from the Flint-Genesee Township border.
The facility could add more carbon monoxide, nitrogen oxide, sulfur dioxide and particulates to air in the area, according to state officials.
“This fight is a critical civil rights fight at the intersection of housing and environmental justice that should be part of the national conversation about the need to change the way our environmental laws are implemented,” said Debbie Chizewer, managing attorney, Midwest Office of Earthjustice
“This Black community in Flint has already been exposed to a tremendous number of polluting sources that cause serious health issues and prevent residents from enjoying time outdoors.” Chizewer added. “The last thing this Flint community needs is another polluting facility, the asphalt plant, in close proximity to their homes. Earthjustice is committed to wielding the power of the law to protect communities from environmental and public health harms and we are honored to partner with several Flint-based groups and the Great Lake Environmental Law Center to advance these goals.”
On Feb. 9, after a closed session, the Flint City Council voted 8-0 publicly to authorize an appeal against the proposed Ajax Asphalt Plant. Feb. 14 was the deadline to file the appeal.
Councilman Quincy Murphy said he vote to do so because there are air quality environmental concerns, water waste discharges that can possibly be dumped into the river and wildlife concerns that need to be protected.
“Those are the calls I am getting from residents, and I want to make sure all those issues are protected and addressed to ease the concerns of the residents who live around this plant that is being built and has been given the green light to proceed in building and operation,” Murphy explained.
Councilwoman Ladel Lewis said the city should challenge the plant’s ability to operate in the area that EGLE described as a neighborhood of color that is in both social and economic distress.
“The community is concerned,” said Council President Eric Mays. “Anytime you have issues that deal with environmental justice, I pay attention to it. There was enough community interest for me to pay attention to this, and if we have the resources to check some things out, I see no problem with that.”
A circuit court judge will review the appeal and make a decision as it relates to the permit that was issued.
