Legal Update

LEGAL UPDATE

Yesterday, on 08-14-19, Atty Meason appeared in circuit court on behalf of the Rockton Community's fight against the asphalt plant. This was simply a status hearing: We expected the case to be continued to a later date and it was. Our next appearance is scheduled for October 16 at 9am.

Even though things seem to be dragging, and they are, there are a few important takeaways:

1. Since our next court date is in October, the earliest time construction could begin is in the spring of 2020. The court order prohibiting the start of construction remains in place.

2. Every day that passes with no asphalt plant, makes it less likely it will ever happen.

3. The discovery process is a long one and the ball is now in their court. As part of that process, NISC has been given an extensive list of interrogatories (written questions) that they are REQUIRED to answer. Those of you who attended the ZBA hearings will recall the number of times representatives of NISC didn't answer questions or claimed that they didn't know an answer. They no longer have that option. They must now provide substantive answers regarding air and water pollution, nuisance noise, past EPA violations, truck traffic, alleged cost savings, and impact on our community.

4. Even though this is a long and drawn-out process, they see tremendous community support and our solidarity against the production of asphalt in our community.

We deeply appreciate the community support on this issue. We ask that everyone keep up the pressure - keep those yard signs out there, talk to friends, neighbors, and family members about this issue, and let's grow the tent. It's easy to lose interest when the process is such a long one, but this is often what winning looks like.

Thank you for all you do. We are Rockton Strong.