BACKGROUND:

Although ethanol is being touted as a renewable and “environmentally-friendly” fuel, there are serious environmental impacts associated with its fossil fuel reliant, unsustainable production process. In particular, ethanol production depletes local water supplies, contaminates ground water, increases soil erosion, traffic, noise, odors and emits volatile organic compounds (VOCs), carbon monoxide, nitrogen oxides, particulate matter and other hazardous pollutants into the air, including probable carcinogens such as acetaldehyde and formaldehyde. Furthermore, despite the substantial increase in ethanol production due to billions of dollars in government subsidies, energy experts conclude that ethanol has not and will not reduce oil demand or greenhouse gas emissions. Unfortunately, the Midwest states including Indiana are home to the majority of the nation’s existing and planned industrial ethanol production facilities. 

On November 15, 2007 the Starke County Board of Zoning Appeals granted a conditional use permit clearing the way for the Bio-Energy Development Company to build a 27 million gallon waste ethanol plant, on land zoned for agriculture, in the small, quiet town of San Pierre, Indiana. The proposed plant, if built, will consume 180 gallons of water per minute from the local aquifer, will discharge residual pesticides and nitrogen fertilizers to the Kankakee River, will bring a minimum of 50 semi-trucks per day in and out of the community, and as stated above will emit VOCs, particulate matter, carbon monoxide, nitrogen oxide, sulfur oxides and other hazardous pollutants to the air.

LEAF ACTION:

LEAF represents Kankakee Valley-Stop the Ethanol Plant (KV-STEP), an ad-hoc group over 200 citizens from San Pierre, including adjacent land owners, who are passionately opposed to the ethanol plant in their community. On December 6, 2007, LEAF filed a Petition for Writ of Certiorari with the Circuit Court of Starke County seeking judicial review of the BZA’s decision and requesting the court enter an Order declaring the BZA decision improper, contrary to law and void as a matter of law because the BZA approved the conditional use, in violation of county ordinance and state law, without considering how the ethanol plant will affect the master plan of the county and the public's health, safety and welfare. In addition, the BZA decision is inconsistent with the general purpose of the applicable zoning ordinance because the proposed plant constitutes heavy industry which is not an appropriate conditional use of land zoned for agriculture. Finally, there is evidence that two BZA members should have rescued themselves from voting on the decision due to a conflict of interest.

BZA counsel and attorney for Bio-Energy brought a Motion to Dismiss challenging the court's subject matter jurisdiction alleging that Petitioners failed to comply with statutory notice requirements. After submitting four briefs and a court hearing, the Court denied the Motion to Dismiss allowing the case to go forward.

• February 20, 2008 - Petitioners' Memorandum of Law in Opposition to BioEnergy's Motion to Dismiss and the BZA's Response to Order to Show Cause

• February 20, 2008 - Petitioners' Reply Brief in Opposition to BioEnergy's Motion to Dismiss and BZA's Response to Order to Show Cause

• March 4, 2008 - Petitioners' Response in Opposition to Motion to Dismiss

• March 18, 2008 - Petitioners' Reply to Response to Order to Show Cause

• March 24th - Court Order Denying Respondents' Motion to Dismiss
  

January 10, 2008 - Due to LEAF's lawsuit, developer "not committed totally to the [San Pierre] site" for the proposed ethanol refinery.