Background on Vermont Suit Against IP Tire Burn
The lawsuit, which names IP and the New York State Department of Environmental Conservation, argues the test being contemplated by the paper company should not go forward without a full environmental review. "International Paper's long-term plan to burn tires as fuel will result in substantially more air pollution blowing across Lake Champlain into Vermont," Vermont Attorney General William Sorrell said in a news release. "IP and NYDEC owe it to the citizens of Vermont and New York to fully review all environmental impacts resulting from IP's long-term plan."The lawsuit was filed Tuesday (2/8/06) in New York Supreme Court in Albany County, said Vermont Assistant Attorney General Erick Titrud.

In its lawsuit, Vermont argues that IP and the New York DEC are considering the test separately from its long-term plan to burn tire chips. Such an approach violates the New York State Environmental Quality Review Act, the state of Vermont argues. Vermont argues the exemption to the law cited by the DEC applies only to collection of data on existing environmental conditions; it does not exempt from environmental review new activities.

Background on the Vermont Law Suit Against the NYDEC and the IP Tire Burn
Files below link to PDF documents of the Vermont Attourney General's Law Suit. The pdf files should open in your browser and you should be able to read them. (file sizes indicated for download)

Vermont Applicaton for a Temporary Restraining Order against the New York Department of Environmental Conservation and International Paper Ticonderoga (976K)

Table of Contents Vermont Suit

Exhibit A. Chris Mallon (IP) to McMurray (NYDEC),  request for two week tire burn trial (4.6MB)

Exhibit B. Affidavit of John H. Nuckels, Vt air pollution engineer (336K)

Exhibit C. affidavit of Wm C. Bress, Chief of the Toxicology and Risk Assessment Program at the Vt Dept. of Health (216K)

Exhibit D. AGC/SGC tables of chemicals (872K)

Exhibit E.    NYS DAR-1 guidelines for the control of toxic ambient air contaminants (2.5MB)

Exhibit F.   Letter to McMurray/DEC from Chris Mallon (IP) on wastewater zinc testing (104K)

Exhibit G.    Letter to Chris Malon from Wm. Wasilauski, NYDEC regional water engineer, on SPDES wastewater pemit and zinc (52K)

Exhibit H.   notice by region 5 NYDEC of IP’s completed application and date of comment period (112K)

Exhibit I.  supplement to “h” and extension of comment period (340K)

Exhibit J.   VT Agency of Natural Resources meeting in Middlebury, 11/15/05  134 Pages (5.1MB)

Exhibit K.   Vt Atty. General on draft of IP’s title V permit  34 Pages (1.9MB)

Affirmation by Vermont’s NY attorney, Christopher Amato, points of law in Vermont’s petition (312K)

IP order to show cause and restraining order by the Supreme Court of the State of NY, County of Albany (104K)

IP PETITION  Erick Titrud, Vt Attorney General.  The 63 points made in the Vermont suit. (680K)