[Originally published in the OTHER paper, Eugene, Oregon in October, 1996.]
9th District Court upholds Hyundaiby Wanda Ballentine
The 9th District Circuit Court upheld Judge Hogan's December decision supporting the Army Corps of Engineers' permit for Hyundai to build in the Eugene wetlands. The appeal challenged the Corps's decision that Hyundai, a foreign company, was not required to look at alternative sites, when the Clean Water Act forbids development in wetlands unless there are no alternatives. The Corps also did not require an Environmental Impact Statement, though such was urged by several federal agencies.
Bern Johnson, of Citizens for Public Accountability, one of the appellants, said, "The court's decision is disappointing. The series of serious environmental violations that the DEQ has found Hyundai committing at the site demonstrates that this plant should not be built in a wetland. Only time will tell if we can protect the surrounding wetlands from the impacts of this factory." Paul Engelking elaborated, "The Corps placed conditions on the Hyundai project that include protection of the surrounding wetlands and more than 30 acres of wetlands onsite. The court decisions affirm those protections. Hyundai's attorneys argued in court, on public record, that their development would not harm these wetlands. Hyundai would be spitting in the face of the Corps of Engineers and two federal courts if it doesn't provide good stewardship of these lands." Tom Pringle, of West Eugene Wetland Friends, another appellant, also expressed disappointment, but said, "Our lawyers did a good job up against the largest law firm in Portland."
Commenting on the fact that the Court provided no opinion explaining its decision, Pringle surmised that the Court might have agreed "with our legal arguments, didn't find the violations egregious enough to compel them to halt an expensive project this far along. This might have brought a lot of grief upon their heads and possibly a Congressional threat to the wetland law itself. And so many questionable large-scale wetland fills are occurring across the country that perhaps this one didn't stand out."
Others view the Court's providing no opinion with its decision, an action generally viewed in legal circles as a "moral victory," as an indication that they didn't want their reasons publicly known. Justice not only blind, but mute.
The predicted explosion of related developments in West Eugene will lead to very rapid deterioration of quality of life for Eugene residents.Meanwhile, Hyundai is lobbying to destroy more wetlands. Though the Corps refused to permit Phase III, and reduced the plant's impact on the wetlands from 34 to 10 acres, Phase III has not disappeared from discussions, and Hyundai intends to build it.
Since Hyundai construction began, the West Eugene Wetlands Plan (WEWP) was revised and approved by the City Planning Dept. and Planning Commission. The revision designates the area Hyundai wants for Phase III for "restoration and protection," and Hyundai agents have been buzzing around City Hall urging rejection of the plan.
One of the company's original assertions was that its proposed 600,000 sq ft plant would not affect the wetlands. Now, they argue against designating the area for "restoration and protection" because the adjacent development (theirs) has lowered its value as wetlands. At the same time, Hyundai, as required by its permit, has begun wetland mitigation work there. However, to solve a run-off problem, they diverted water into areas that normally go into a dry cycle, disrupting the life cycles of plants and animals residing there.
The City Council will hold a work session on the WEWP Monday, 10/14. The public may attend work sessions, but cannot speak. The public hearing is scheduled for Mon., 10/21, 6:30 pm, City Hall.
©Wanda Ballentine, 1996