[Imc-newsroom] Alloy Casting Article in News-Gazette

[Michael S. Feltes]

The News-Gazette published one of its typically framed articles on the
Alloy Casting issue, detailing Alloy's response to the lawsuit filed by
neighborhood residents.  I will let the unfiltered and unchallenged
corporate boorishness shine through.

Champaign foundry responds to lawsuit


     By JODI HECKEL
© 2002 THE NEWS-GAZETTE
Published Online February 8, 2002



   CHAMPAIGN – Lawyers for a Champaign foundry that was sued by nearby
residents say the residents moved to the neighborhood knowing an industry
was located there.
   They also say that the neighbors failed to protect their property from
the damage for which they blame Alloy, and that nearby industries could
have contributed to the damage.
   Alloy Engineering & Casting Co., 1700 W. Washington St., C, filed its
answer earlier this week to the lawsuit and stated several defenses to the
suit.
   In March 2001, 45 neighbors of the foundry filed suit, claiming a
gritty substance emitted by Alloy caused property damage, including rust
spots and scratches on their homes, automobiles and outdoor lawn
furniture, beginning in October 1999. They said the emissions have
interfered with their enjoyment of their property and increased their risk
for respiratory illness. Last August, 35 more plaintiffs were added to the
lawsuit, 26 of them children.
   In its first defense, the foundry's lawyers state that the facility
that houses Alloy opened in 1927 as Bonner Tool and Die. Alloy began its
operations in 1941, and its lawyers state that the company has always
complied with air quality regulations and invested in new technologies to
maintain air quality.
   As a result, Alloy's air emissions during the time of the plaintiffs'
complaints weren't any greater than at any other period in time since
1941, they argue. They ask that the plaintiffs' conduct in moving to the
area where Alloy was already operating be considered in determining
whether they can recover any damages from Alloy.
   The answer also states that a concrete manufacturing plant, AC Humko
and other commercial and industrial facilities operate in the area. A
railroad track just north of Alloy and Mattis Avenue to the west is used
to transport raw materials and finished products to and from the
industrial facilities in the area.
   Road construction on Victor Avenue and Glenn Park Drive and the
demolition of House of Hunan restaurant along Mattis Avenue were going on
during the time of the plaintiffs' complaints.
   Alloy's lawyers state that any of those events could be the source of
the damage alleged by the plaintiffs.
   Further, Alloy's lawyers put forward the defense of "prescription" –
that the foundry's operations were uninterrupted for 20 years before the
neighbors allege the damage to have occurred, that a reasonable person
would have known that Alloy's operations release certain emissions into
the air, and therefore they can't sue over the emissions.
   Alloy also charges that the plaintiffs were negligent and didn't
mitigate their damages in that they failed to shut windows and doors,
failed to wash their property once they noticed dust, sand or iron oxide
had collected on it, and failed to cover or bring inside their outdoor
personal property. The company claims that such negligence either bars any
recovery by the plaintiffs or it should reduce any recovery by how much
the plaintiffs contributed to the damage.
   The Illinois Environmental Protection Agency investigated the
complaints and issued a violation notice to Alloy for air and noise
pollution in July 2000. The agency filed a complaint against Alloy with
the Illinois Pollution Control Board in May 2001.
   Officials say they are continuing to work with Alloy to correct the
violations.


I particularly liked the part where Alloy charges that some fault lays
with the plaintiffs who failed to wash their cars, siding, lawn furniture
after they noticed all the nasty particulate shit falling on it.  I wonder
if Alloy thinks they should power wash their lungs out, too.

We need to start agitating around this issue NOW.  I'm going to propose
that we move up the Alloy Casting show up a few weeks on the schedule for
IMC Radio News and start flyering to rally support for the residents,
building up to a march from downtown Champaign.  We also need to start
mobilizing ISEN's contacts for statewide support of the issue.  This is
just offensive.