Lone Tree Council and TRW
October 23rd 2007 #103
Play it again Sam!
Beginning tomorrow Dow, DEQ and EPA will once again
be going behind closed doors to NEGOTIATE a cleanup with
Dow Chemical. Dioxin Update # 102 contains the letter from EPA initiating
the negotiations under Superfund. Dow could have challenged EPA because
they are regulated under a license being handled by MDEQ. Dow chose not too.
It's not like Dow to back down from a legal challenge...ever. Nobody
knows why EPA is doing this and EPA has not seen fit to explain to the
community their rationale. Yes, once again closed door
meetings and again no public involvement. Again
no way to conduct the business of the taxpayers over the rivers and
resources we own.
While no one should give this closed door process their
blessings, DEQ in order to secure a seat at the table with EPA and Dow had
to agree to confidential negotiations. MDEQ still has authority under Dow's
license to regulate the company and EPA by issuing these orders is muddying
the waters with Superfund. The dynamics are going change. They always do
when Dow is behind closed doors. We've heard from folks on the Kalamazoo
River and Pine River and they are raising red flags all over the place for
us with regard to EPA's recent involvement. We appreciate their
Here is a short history of negotiations
with Dow Chemical just in the last six years.
In 2001/2002 DEQ and Dow, were behind closed doors
negotiating Consent Orders with Dow Chemical for their dioxin
contamination of the Tittabawassee, Saginaw Rivers and Saginaw Bay.
Defined as “fatally flawed and illegal” by the Attorney General’s
office they never saw the light of day.
In 2003 DEQ, Dow, EPA negotiated and finalized
Dow’s RCRA Corrective Action license to address Dow Chemical’s
dioxin contamination of the Tittabawassee, Saginaw Rivers and
Saginaw Bay. This license was to be a clear path to finally
addressing this serious contamination.
In 2005 DEQ, Dow and the Governor’s office went
behind closed doors to further negotiate the cleanup of the
Tittabawassee, Saginaw Rivers and Saginaw Bay. Secreted away from
the public the reasons for these closed door meetings…Dow, DEQ and
without protest from EPA, emerged after 8 months with a negotiated
“FRAMEWORK for and agreement “
Later in 2005 Dow, DEQ, EPA., USFWS, DOJ agreed to
private closed door meetings under the Natural Resource Damage
Assessment to once again negotiate Dow’s responsibility to
address their contamination of the Tittabawassee, Saginaw Rivers and
2007, October Dow, DEQ and EPA will again be going
behind closed doors to negotiate under Superfund, Dow
Chemical’s cleanup of the Tittabawassee River and possibly the
Saginaw River and Bay.
We applauded EPA for walking away from the NRDA process
because it wasn't transparent. But were they lying? .........think about
it. They have now driven the entire cleanup behind closed doors to the
exclusion of the public............what could be less transparent?
Go to the TRW web site to view related documents.
Michelle Hurd Riddick
Lone Tree Council
Source: Lone Tree Council / TRW
For additional articles like this one, go to the Tittabawassee River Watch web site www.trwnews.net. for complete coverage of the Tittabawassee River Dow Chemical dioxin contamination saga.. The source organization's web site link is listed above. The Newspaper / Media page of our site contains an extensive archive of media articles dating back to January 2002. The Newspaper / Media page may be accessed by scrolling down to the bottom of the CONTENTS section and clicking on the Newspaper/Media link.