At its Monday meeting, the Midland City Council heard from proponents and opponents of a negotiated consent order between The Dow Chemical Co. and the Michigan Department of Environmental Quality.
Despite differing views on acceptable dioxin levels, each person who approached council with an opinion agreed – the city should represent its people in the matter.
"If we don’t get involved, we won’t make the right decision," said Donna Mallonee, who is concerned about a set of statistics she read that showed higher cancer rates in the City of Midland than in other parts of the state.
Questions about the relevance of such statistics in relation to soil dioxin levels have plagued Midlanders for more than 20 years. By becoming a party to the lawsuit, the city hopes to support the undertaking of a health study promised to be funded by Dow as part of the consent order.
Other than that particular effort, it is not clear what position the city would take in the litigation, Mayor R. Drummond Black said. He envisions partial participation.
"We may not want to take a position on each item in the case," Black said. "We can intervene and pursue the city’s goals in the action as they represent themselves."
Before deciding which issues should be pursued and how, public comment will be sought, Black said.
"If we reach that point, we’ll certainly give people an opportunity to comment and express their views, pro and con," he added.
The resolution passed Monday authorized the city attorney to file the petition to intervene. The judge assigned to the case can deny or accept the request.
Dow is not currently listed on court papers and also would have to petition for intervention if it chooses to take part in the suit.
The city had planned to present its petition to Ingham County Circuit Judge William Collette Jan. 6, the next scheduled court date, but that date has been canceled. Another date has not been set.
The city is planning to seek outside legal counsel to handle the matter, said City Attorney James O. Branson III.
12/17/2002
