Judge Denies Shamrock requests for release from Dutra Asphalt Plant lawsuit

PRESS RELEASE

Judge Denies Shamrock requests for release from Dutra Asphalt Plant lawsuit.

June 23, 2011

From: David Keller, Petaluma River Council, 1327 I St., Petaluma CA 94952. (707) 763-9336

For additional information, contact: Richard Drury, Lozeau | Drury LLP, 410 12th Street, Suite 250, Oakland, CA 94607, (510) 836-4200

Today, Sonoma County Superior Court Judge Rene Chouteau rejected a request from Shamrock Materials, Inc., and Corte Meno Sand & Gravel, LLC to be released from a lawsuit challenging the a new asphalt plant, proposed to be constructed by the Dutra Group, immediately across from Petaluma’s Shollenberger Park, a renowned bird sanctuary.

Shamrock has argued that they had nothing to do with Dutra’s project. However, the plaintiffs in the lawsuit, including the City of Petaluma, Petaluma River Council, Madrone Audubon Society, Friends of Shollenberger Park, Moms for Clean Air, Petaluma Tomorrow, and others, pointed out that the County Board of Supervisors required Dutra to import its aggregate needed to produce asphalt by barge, using Shamrock’s adjacent dock, and to transport the aggregate from Shamrock to Dutra by way of a conveyor belt to be built through wetlands constructed on Shamrock’s land to mitigate Shamrock’s wetlands impacts. This made Shamrock’s participation in the case critical, since the County had required a large portion of the Dutra project to be built on Shamrock’s property (which is owned in part by Corto Meno).

Today Judge Chouteau agreed with the plaintiffs, holding that Shamrock is a proper party in the case and that Shamrock’s absence may interfere with the court’s ability to award complete relief in the action.

Petaluma River Council Director David Keller said, “It’s really quite simple. Either Shamrock is refusing to be part of the Dutra Project, in which case the Environmental Impact Report prepared for the project is entirely inaccurate and misleading; or else, Shamrock is willing to cooperate with Dutra and allow the project to be built on its wetlands, in which case Shamrock must be a party to the lawsuit. Shamrock can’t have it both ways.”

Comments

Post a Comment

Popular posts from this blog

Regional Water Quality Control Board Ruling

Dear Friends, GOOD NEWS! The Regional Water Quality Control Board rejected Dutra's analysis of Alternative Sites and told Dutra to demonstrate the necessity for an asphalt factory in Petaluma. The State agency declared Dutra Haystack Asphalt Plant's Alternative Site Analysis "Invalid". (See Letter below) Thanks to all who have supported the community's efforts to preserve and protect Shollenberger Park and especially to those who wrote supporting letters this time around. This fight is not over - stay tuned for upcoming community fundraising events and gatherings to Save Shollenberger Park. Joan Cooper & David Keller PRESS RELEASE - For immediate release. November 16, 2016 Contact: David Keller, Director, Petaluma River Council - (707) 763-9336 Joan Cooper, Founder, Friends of Shollenberger Park - (415) 516-3673 Dutra told to justify the need for asphalt plant in Petaluma: State agency declares Dutra Haystack Asphalt Plant's Alter
Read more

Community Health Forum Announced

The Petaluma Health Care District has announced a community forum on March 17th to discuss the health impacts of the proposed Dutra asphalt plant. The forum will consist of presentations on health-related issues, followed by a question-answer period. All of the members of the Sonoma County Board of Supervisors will be invited, along with several other people, including representatives of Dutra and the people who prepared the final environmental impact report. The forum will take place from 7 p.m. to 9 p.m. at the Petaluma Community Center in Lucchesi Park, at 320 N. McDowell Blvd. Help spread the word by printing and distributing this flyer
Read more

Dutra's Track Record - History in Miami, Florida

Image
In 1994 Dutra Construction Co. began contracted work with the Port of Miami, dredging a section of the shipping channel in Biscayne Bay, a “shallow subtropical lagoon with diverse habitat including mangroves, seagrass beds, and coral reefs. Manatees, crocodiles, sea turtles, and many important fish species also share the immediate marine environment with the port.”1 This “rich marine habitat”1 was severely damaged by Dutra’s illegal dredging and destruction of “3.5 acres of seagrass outside of the permitted dredging area.”2 “in violation of county, state, and federal laws.”3 “This is the largest unauthorized sea-grass-destruction case ever investigated by DERM [Miami-Dade Department of Environmental Resources Management],” declared biologist Craig Grossenbacher, chief of DERM's coastal resources section. “At the very least there was gross negligence.”3 Grossenbacher also stated that “We now know this illegal dredging occurred between 1995 and 1997.”3 “To make matters worse, the exc
Read more