On Nov. 18, the Southern Environmental Law Center filed a motion to intervene on CHASE’s behalf, asking the judge to allow the citizen group to argue its case against the recycling plant. During a December hearing, CHASE attorney April Lipscomb argued that hundreds of residents who live in unincorporated DeKalb will be affected by the development, adding that their interests are not represented by Stonecrest.
Metro Green objected to CHASE’s motion, with attorney Matt Benson arguing that the court already has every necessary party to resolve the issue. Benson added that an intervention request by a Stonecrest resident was denied by the court, since her interests were already represented by the city.
The judge sided with CHASE.
“DeKalb County is not a plaintiff in the case,” Barrie wrote in her ruling. “The county is in a defensive posture, not a prosecutorial posture. The fact that city (Stonecrest) and county are opponents in this case inherently means that they cannot be aligned, and CHASE’s members want similar relief to that sought by the city.”
In a Monday news release, CHASE president Renee Cail said she hopes the lawsuit ends with Metro Green’s solid waste permit being revoked.
“We are glad to have the opportunity to move forward with our challenge against the environmental injustices that our neighborhoods are already facing as a result of Metro Green’s facility,” she said.
A date has not been set for the next hearing.
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