GASP sues County over misuse of Clean Air Fund
For Immediate Release:
January 24, 2006
Contact:
Elizabeth Rosemeyer, Policy & Outreach Coordinator
Group Against Smog and Pollution
412-325-7382
William V. Luneburg, Counsel for GASP
412-648-1380 (w) 412-741-2585 (h)
Yesterday, the Group Against Smog & Pollution (GASP) filed suit in the Court of Common Pleas of Allegheny County to prevent the misuse of Clean Air Fund monies which are designated for improving air quality in Allegheny County and for public education related to air pollution. Named defendants include Allegheny County, Allegheny County Chief Executive, Dan Onorato, Allegheny County Manager, James M. Flynn, Jr., the Allegheny County Board of Health and the Allegheny County Health Department.
GASP is asking the court to preliminarily and permanently enjoin the County from allowing the disbursement and use of $1.3 Million from the Clean Air Fund to carry out a proposed demolition project at the former US Steel Duquesne Works and prevent any future decisions by the Board of Health which would permit Clean Air Funds to be used for similar projects.
Clean Air Fund monies are restricted by Allegheny County Health Department Rules and Regulations, Article XXI, Air Pollution Control, which states funds should be used solely, “to support activities related to the improvement of air quality within Allegheny County and to support activities which will increase or improve knowledge concerning air pollution…”
The Board of Health violated this restriction on November 2, 2005 when it voted to request funds to pay for the demolition of blast furnace stoves, and associated asbestos removal, in order to facilitate the construction of a highway flyover near the Duquesne site. Allegheny County Chief Executive Dan Onorato and County Manager James M. Flynn, Jr. would also violate this restriction upon approval of the request and disbursement of the monies.
Elizabeth Rosemeyer, GASP’s Policy and Outreach Coordinator, said, “GASP firmly believes that Clean Air Fund regulations provide flexibility for funding air quality improvement or public education projects and supporting the local economy. Such projects include research and development of control technologies, monitoring air pollution levels, and developing control strategies to limit air pollution. To allow Clean Air Fund monies to be spent on what is clearly a development project, with little if any benefit to air quality, violates the spirit of the Clean Air Fund and sets a precedent for future misappropriations,” she added.
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