LEAF works to monitor the work of IDEM and other environmental regulatory agencies.  Importantly, our efforts provide a counterbalance to corporate influence over agency decisions.  Our goal is to remind these agencies who their real “customers” are – the citizens of Indiana.

LEAF Investigates Public Corruption IDEM
From 1987 to 2000, Commissioner of the IDEM, Thomas Easterly, served as Senior Environmental Engineer and then Superintendent of Environmental Services at ArcelorMittal's predecessor, Bethlehem Steel Corp.  In 2005, Governor Daniels appointed Easterly to head IDEM.

On the northeast corner of the ArcelorMittal Burns Harbor facility is a 34 acre pile of steel-making waste that sits open dumped, on bare ground, without containment, within 200 feet of Lake Michigan and the Indiana Dunes National Lakeshore. This waste pile is referred to by ArcelorMittal representatives and IDEM staff as "Easterly's Pile" implying that the current head of IDEM, Thomas Easterly, is responsible for its creation.

During a six month investigation, LEAF assisted Post-Tribune reporter, Gitte Laasby, to confirm an anonymous report that Commissioner Easterly abused the public trust by using his current position as Indiana's chief environmental regulator to cover up his involvement in creating or substantially contributing to "Easterly's Pile" when he was in charge of environmental compliance at Bethlem Steel. Ms. Laasby's recent articles (links below) provide a comprehensive summary of many key facts that support this allegation. Moreover, based on LEAF's review of public records and other evidence, a formal investigation seems warranted.

Public corruption is not the only cause for concern, however. Despite the waste pile's size and proximity to Lake Michigan, the only information about its contents are contained in a 1999 report submitted to U.S. EPA by Bethlehem Steel under Easterly's tenure. The report identifies secondary wastewater treatment plant sludge, basic oxygen furnace sludge, blast furnace filter cake, mill scale and construction debris temporarily  "stockpiled" at the site for recycling.  Results from limited ground water testing revealed arsenic, barium chromium, lead, mercury and selenium.  Soil testing was conveniently not performed because the ground is man made with sand, construction waste and other industrial material used to fill Lake Michigan in the 60's and 70's. Ten years later, the "temporarily stored" waste pile has grown significantly and no further investigation into potential adverse environmental impacts has been undertaken.

In addition to bringing the story to the public, LEAF submitted a detailed report and complaint to the FBI and Department of Justice urging a formal investigation.

Post-Tribune Articles on "Easterly's Pile"

Fate of Easterly's Pile at ArcelorMittal Remains Unknown, Gitte Laasby, Post-Tribune (Nov. 15, 2009).

99 Report Raised Concerns About Waste, Environment, Gitte Laasby, Post-Tribune (Nov. 16, 2009)

Public Records on Waste Missing, Gitte Laasby, Post-Tribune (Nov. 16, 2009)

Few Questions Answered, Gitte Laasby, Post-Tribune (Nov. 19, 2009)

Mittal Waste Draws Attention, Gitte Laasby, Post-Tribune (Nov. 29, 2009)

Landfill Hearing Draws Heat, Gitte Laasby, Post-Tribune (Dec. 3, 2009)

ArcelorMittal: "We'll Recycle Some Waste," Gitte Laasby, Post-Tribune (Dec. 6, 2009)



LEAF Sheds Light on the Politicization of IDEM

Under Governor Mitch Daniels, the compliance and enforcement program at IDEM has been politicized crippling the agency's ability to protect the environment through enforcement of environmental laws. 

Through an anonymous source, LEAF learned of the administration's decisions to eliminate its office of enforcement, revise its Enforcement Response Policy and eliminate funding for local air authorities. LEAF notified the media to allow for necessary public scrutiny, informed and met with the U.S. Environmental Protection Agency, and submitted public comments outlining the legal conerns for IDEM's proposed Compliance and Enforcement Response Policy.

The following details media coverage and LEAF's work to shed light on the politiciation of IDEM:

A cause for concern: LEAF learns of IDEM's decision to revise its 2003 Enforcement Response Policy (ERP) with a new Compliance and Enforcement Response Policy (CERP).

LEAF notifies the media:

December 15, 2008, IDEM Dissolves Office of Enforcement, Chicago Tribune 
December 15, 2008, Indiana Changes Air Quality Monitoring, Chicago Public Radio
January 22, 2009, EPA Raises Concerns About IDEM Changes, Post-Tribune

LEAF contacts EPA:

LEAF's letter to EPA

LEAF and coalition of environmental organizations meet with EPA

LEAF and HEC submit public comments to IDEM and EPA

Post Tribune looks at IDEM changes in two-part feature story:

April 26, 2009, Agency Slow to Resolive Enviro Permit Issues, Post-Tribune

April 27, 2009, IDEM Enforcement Turns Friendly, Post-Tribune

LEAF educates legal community:

On July 22, 2009, LEAF's Executive Director educated other Indiana lawyers on the potential adverse implications of IDEM's enforcement changes at a continuing legal education seminar hosted by the Indiana Continuing Legal Education Forum.

Download LEAF's powerpoint presentation, IDEM Enforcement Changes: Inconsistent with Federal Guidance on Protection of Public Health and Environment.