Friday, December 12, 2008

Gretna Urged to Adopt Chemical Trespass Ordinance [But Doesn't]

By SUSAN WORLEY/Star-Tribune Staff Writer
Wednesday, December 10, 2008 9:38 AM EST




GRETNA - There was standing room only Monday night at Gretna Town Council when an unexpected group of about 70 people attended the meeting to urge the town to consider a chemical trespass ordinance.


Shireen Parsons, a Virginia organizer for the Community Environment Defense Fund, acted as spokesperson for the group.


The chemical trespass ordinance is designed to address effects of proposed uranium mining in Pittsylvania County.


"This is a catastrophe coming to your community," said Parsons. "Every living thing will be contaminated. That's what's coming at you people. You stand to lose everything you have. Please don't let this happen to Gretna."


Council was asked to consider the ordinance, which was drafted by the legal department of the Community Environment Defense Fund, and then hold a public hearing on the ordinance.


After the hearing, Parsons said it would be up to council to decide whether to adopt it or not.




Town attorney Michael Turner said there were two issues to consider: does the town have the authority to enact a chemical trespass ordinance and; does the town want to enact the ordinance?

Turner said the ordinance appears to indicate that the town wishes to regulate activity outside the town that would have an effect on the inside of town.

Parsons says the ordinance does not give the town regulatory power over an industry. She said it criminalizes acts by an industry that affect the town.

"You are asking us to enact an ordinance that the state attorney general has ruled as unconstitutional," said Turner. "You say your lawyers will represent us, but who will pay if we are sued."

Parsons said if the state sued the town, the result would be that the town would have to rescind the ordinance and would not involve a monetary judgment.

"You are asking quite a bit for the town to enact something that it may or may not have an authority to do," added Turner.

Councilman Keith Motley made a motion to study the proposed ordinance and for council to decide in January whether to hold a public hearing on the issue.

The motion died for lack of a second.

http://www.wpcva.com/articles/2008/12/11/chatham/news/news52.txt

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