Dive Brief:
- The Missouri Senate included an amendment that would prevent some claims made against abandoned properties into a bill, SB731, aimed at cleaning up neighborhoods in St. Louis, Missouri.
- The amendment would impede the claims against these properties if the site was in "good faith compliance" with an order issued by the Missouri Department of Natural Resources, the U.S. EPA or the Office of the Attorney General.
- According to a spokeswoman for the natural resources department, the amendment "would appear to shield" the Bridgeton landfill, currently the site of an ongoing underground fire, from lawsuits filed by residents. The amendment's sponsor said the allegations are "absurd" and that the amendment would not apply to the site.
Dive Insight:
Beginning in 2010, the Bridgeton landfill has been the scene of a continously-burning underground fire. The fire is smoldering 1,000 feet away from buried atomic waste, heightening concern from the community throughout the years.
The amendment's sponsor, Senator Kurt Schaefer (R-Columbia) is also an environmental lawyer at the same firm that represents Bridgeton landfill owner Republic Services.
Schaefer claims he was simply trying to ensure that brown fields could be repurposed if sites were enrolled in the state's voluntary cleanup program. The bill was drafted by an organization called Lawyers for City Neighborhoods who are seeking ways to thwart criminal activity in neglected properties in the community.
The bill passed in the Senate with a vote of 27-6; the Bridgeton landfill was not mentioned during the process. According to the St. Louis Post-Dispatch, Schaefer called the allegations surrounding his motives a political attack intended to damage his campaign for state attorney general in 2016.
If the Senate bill is passed by the House and signed into law, it is unknown if it would affect current lawsuits. Heather Navarro, an attorney and executive director of the Missouri Coalition for the Environment, said she is in opposition of any exemptions in the law for Republic Services and said "The fact that this specifically mentions the DNR and the EPA is a red flag that this provision was specifically tailored to address the odor complaints and other nuisances coming from the West Lake landfill."
The bill itself was sponsored by Senator Jamilah Nasheed, D-St. Louis, who is now working to clarify Schaefer's amendment to confirm it does not include the landfill.