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Mark the Calendars for upcoming FORCE Community Events

as St Marys Cement Launches Appeal of ERT Decision

Once again St Marys Cement’s (SMC) action hasn't really surprised us, but the company does continue to disappoint us. On Friday, February 10th2012, the company filed an appeal with the Ontario Superior Court of Justice - Divisional Court requesting to have the recent Environmental Review Tribunal (ERT) decision overturned. The ERT had upheld the Ministry of the Environment’s (MOE) decision to deny SMC a Permit to Take Water for additional testing on the basis that there is a Ministerial Zoning Order in place freezing the zoning on the properties and preventing the proposed quarry.

One wrinkle in this latest development is that while it was the ERT who reached the hearing decision, the tribunal does not respond to the appeal. Instead, MOE who initially refused to issue the permit, and FORCE, since our Community voice was also represented in the hearing, have been named as respondents to the appeal. We have asked our Communities’ legal team to review the appeal and outline our options. One immediate implication is the reality that even though we feel that the ERT and the MOE have made the right decisions, and that the regulations and laws support those decisions, if for some reason the Divisional Court were to find differently, our Communities along with MOE could find ourselves responsible for the legal costs of St Marys Cement. These costs could run into the tens of thousands of dollars.

Fortunately, this Community has shown time and time again that it's not going to be bullied by a company with deep pockets. Each time we've been faced with these types of challenges, we’ve banded together, pooled our resources and responded to the threat. Let's ensure that this time is no different!

Let’s also mark the calendars for the following FORCE Community events to ensure that we have the knowledge and financial resources to meet St Marys Cement and its multiple track legal challenges head on:

2012 FORCE Annual Public Meeting
Tuesday April 10th, 7:00pm

Our Lady of Mount Carmel Catholic Elementary School
1624 Centre Road, Carlisle

Special Guests: Councillors Judi Partridge & Robert Pasuta, MPP Ted McMeekin, MP David Sweet Come and find out how our Communities plan to meet the St Marys Cement challenges and what we can expect from each level of government.

2012 FORCE Community Golf Classic
Thursday June 28th, 12 Noon

Carlisle Golf and Country Club
Kick off the summer with a great round of golf!

Each of us should reflect on what's at stake, the successes that we have been able to achieve, and the challenges that are still in front of us and make whatever kind of contribution we can to our common Community battle.

It would be easy to become discouraged. Each success that we have had seems only to trigger yet another attack from St Marys Cement, however the options available to the company won't go on forever. Launching challenges such as the NAFTA claim is a demonstration that SMC is reaching for tactics. Perseverance on our behalf, along with our professional and substantive approach, will pay off.

This assault on our Communities was launched back in 2004; it is now 2012 and the trucks aren’t rolling and the safe, clean water is still flowing. Our Communities should be incredibly proud of that accomplishment. Let’s keep doing what we have done for these past eight years and keep it that way!

 

 


Together We Will Succeed!