EPA Consent Decree: Citizens Response

The Environmental Protection Agency (EPA) has reached what we believe is an inadequate settlement with New-Indy that does not come close to fixing the pollution that continues to harm this community. The EPA accepted public comments on the Consent Decree through March 11, 2022.

Watch the video community members submitted to the EPA

We submitted the following in opposition to the Consent Decree:

• Putative Intervenors’ Comments

• Putative Intervenors’ Correction Letter

• Attachment 1 – Transcript of Video Comments Sumitted

• Attachment 2 – Kler 10.14.21 Email

• Attachment 3 – 1978 EPA Kraft Pulping document excerpt

• Attachment 4 – 1979 EPA Kraft Pulping document excerpt

• Attachment 5 – Phillips Letter & Charts

• Attachment 6 – Osa 2022 Report

• Attachment 7 – PowerPoint presented to EPA

• Attachment 8 – Hoyle 12.23.21 Letter to EPA

• Attachment 9 – Bullock Report

• Attachment 10 – Foley & Secrest 5.10.21 Email

• Attachment 11 – MacLeod Report 9.25.21

• Attachment 12 – Norcross Report 3.2.22

• Attachment 13 – Foley 5.5.21 Email

• Attachment 14 – Norcross 9.26.21 Letter

• Attachment 15 – Hanna 12.23.21 Report

• Attachment 16 – Pratt Email & Summary of Response

• Attachment 17 – Teaf 6.3.21 Letter

• Attachment 18 – McAuley 3.11.22 Letter

• Attachment 19 – Meggs Report 9.26.21

• Attachment 20 – Penalty Policy

• Attachment 21 – Hoyle Letter to EPA 2.1.22

• Attachment 22 – O’Rourke Response 2.2.22

• Attachment 23 – EPA Letter to W. Truitt 2.11.22

• Attachment 24 – EPA Letter to W. Truitt 3.4.22

• Attachment 25 – Hoyle Letter to EPA 3.4.22

• Attachment 26 – O’Rourke Response 3.7.22

• Attachment 27 – Cited ED FOIA documents

• Attachment 28 – EPA Letter to W. Truitt 1.12.22

Read S.C. Sen. Michael Johnson’s letter to the Assistant Attorney General for the U.S. Department of Justice, Environment and Natural Resources Division (ENRD) setting forth his concerns about the Consent Decree that was reached between New-Indy and the EPA.

This information is provided by Interim Co-Lead Class Counsel in the New-Indy emissions litigation:
Chase T. Brockstedt and Philip C. Federico of Baird Mandalas Brockstedt & Federico Richard A. Harpootlian of Richard A. Harpootlian Law Firm, P.A. and T. David Hoyle of Motley Rice LLC

The legal team appointed as Interim Co-Lead Class Counsel is co-counsel with:
Gary V. Mauney of Mauney PLLC, Thomas E. “Tommy” Pope and Ben P. Leader of Elrod Pope Law Firm P.A. and Leon E. Stavrinakis of Stavrinakis Law Firm LLC