The summer break has not slowed down students and researchers at Washington University’s Interdisciplinary Environmen-tal Clinic as they continue their legal fight against Holcim, Inc., a Swiss company that plans to build the largest cement plant in the country near St. Louis.
Holcim Inc., a leading cement manufacturer, would like to move forward with its plans to construct a $600 million facility along the Mississippi River, 40 miles south of St. Louis, in Ste. Genevieve County. Student attorneys from the Interdiscipli-nary Clinic are representing environmental groups that are challenging Holcim’s campaign.
This summer’s crop of attorneys and researchers are awaiting rulings on several key issues regarding water certification and air quality that could determine the direction the case will take in the coming months.
The attorneys include Dionne Padilla, Brian Schnall, and Bryan Brody, all 2002 WU graduates. WU law students Chris Feldmeir and Evan Blumberg are also working on the case.
According to Padilla and Schnall, more rulings on 401 water certification are expected on July 19. Without water certification, Holcim will not be able to dredge wetlands along the Mississippi for a barge harbor.
In July 2001, Holcim was granted a water certification permit by the Missouri Department of Natural Resources. This decision was appealed, and in November 2001, the Missouri Clean Water commission revoked water certification at an evidentiary hearing. In March 2002, the Commission made a unanimous decision to withdraw the permit on the procedural grounds that Holcim was not required to submit a detailed wetlands mitigation plan and hold a public hearing. Holcim then reapplied for the permit, submitting the proper documents, and now both sides are awaiting a ruling on this matter from the state.
In preparation for this decision, student attorneys presented oral arguments on June 24 at a public hearing about the 401 permit. Two hundred residents of Ste. Genevieve County attended, as well as representatives from Holcim and the various environmental groups. On July 1, the attorneys, on behalf of their clients, filed a 25-page brief.
“We’re trying to address the environmental consequences of the project and respond to Holcim’s plans in a conscientious way,” Padilla said.
In addition to water quality issues, student attorneys expect the Land Reclamation Office to hold a more formal hearing in the coming weeks, following the preliminary meeting held in Jefferson City in May. Depending on the outcome of these hearings and the water certification issue, Padilla and Schnall expect to file more briefs and appeals on behalf of their clients.
The clinic first took on the Holcim case in December 2000 on behalf of four environmental groups: the American Bottom Conservatory, the Missouri Coalition for the Environment, the Webster Groves Nature Study Society, and the Ozark Chapter of the Sierra Club. The clinic operates as an interdisciplinary law firm within the WU law school, giving free legal and technical services to its clients regarding environmental and health issues.

Concern for the environment

The environmental groups challenging Holcim’s bid to build the cement plant, barge harbor, railroad yards, and access roads in Ste. Genevieve County are concerned about pollution along the river and destruction of wetlands and forest tracks. Many of the groups would like to see the area used for a different purpose, possibly as a state park.
According to Ted Heisel, senior law and policy coordinator for the Missouri Coalition for the Environment, between 1,700 and 2,000 acres of forest would be destroyed with the construction of the proposed plant. Despite a March 2001 EPA study which found the plant would minimally affect St. Louis air quality, Heisel expressed concern over air pollution in the St. Louis area, which has struggled for years to maintain federal ozone standards.
“Holcim is dragging its feet on this project,” Heisel said. “They’ve resisted addressing many of our environmental concerns.”
Heisel and his organization would like to see Holcim install more air pollution controls or reduce the size of the plant to ensure a high standard of air quality for the areas surrounding the plant.
Kathy Andrea, who works with the Illinois-based American Bottom Conserva-tory, expressed alarm over the proposed cement plant’s long-term effects on the Mississippi River.
“We feel that Holcim isn’t addressing water pollution issues on the Illinois side of the river where mercury contamination could be a problem,” Andrea said. “It would be irresponsible for the state agencies to grant them permits to move forward with the project.”
In addition to the water certification permit, Holcim must attain authorizations to mine and build in the area before it can move forward with the project.

Economic impact of the Holcim project

The economic effects of the Holcim cement plant would be tremendous, according to Mike Mullin, director of government affairs and communications for the Ste. Genevieve project.
The new facility would produce 4.4 million tons of cement annually, provide 200 permanent jobs, and 1,000 construction jobs at the peak of the project.
“We’re committed to bringing jobs to an area that needs them most,” Mullin said. “Twenty-five percent of cement is manufactured overseas, and we want to bring more jobs back here, while staying competitive on a global scale.”
Holcim chose to build the cement plant in the Ste. Genevieve area for several reasons. According to Mullin, the area has a high concentration of quality limestone, which is a key ingredient in cement, access to the Mississippi River, a strong workforce, and support from area residents.
Holcim did over a dozen studies on the effects of the project on air and water quality in the area, sanctioning sophisticated photochemical modeling from private companies. Mullin said that continually working to relay the findings of these studies to the citizens of Ste. Genevieve County has caused many of them to rally around the project.
“We feel we’re setting new models for the cement industry,” Mullin said. “We want to build newer, more efficient plants, while establishing ambitious environmental standards for these projects.
So far Holcim is not deterred by delays in the project. Mullin noted that the company expected to go through a rigorous regulatory process and is committed to seeing the project to completion.

The student experience

According to Maxine Lipeles, director of the Interdisciplinary Environmental Clinic at WU, the Holcim case is one of many on a full docket for the clinic.
“We’ve had to turn down several other interesting cases for the upcoming semester until space opens up,” Lipeles said.
The clinic gets a new batch of student attorneys and researchers each semester, with a weeklong transition period for the new students to catch up on the cases. The students handle all aspects of the case, with the clinic’s directors stepping in to critique and supervise when needed.
According to Schnall, the clinic has offered him an invaluable hands-on learning experience different from the traditional classroom environment.
“I wasn’t sure about law school before,” Schnall said. “Now I’m certain I want to pursue environmental law and policy as a career.”
The environmental groups are pleased with the representation they’ve received from the clinic. Heisel noted that he was surprised by several of the victories, but he says that the students are equivalent to the best attorneys they could have hired.

Timeline

December 2000: Clinic takes on the Holcim case, representing four environmental groups

July 2001: Holcim granted 401 permit by Missouri Department of Natural Resources

November 2001: Permit revoked by Missouri Clean Water Commission

March 2002: Entire commission rules that Holcim had not been required to file mitigation plan and hold a public hearing. Holcim reapplies for permit.

May 2002: Land Reclamation office holds preliminary hearing in Jefferson City

June 2002: Public hearing held on 401 permit

July 2002: Ruling expected on 401 permit

Future developments: More hearings on land reclamation; air quality issues to be addressed

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