Thanks TU

[Danoinark]

From the Baxter Bulletin:

Group may join lawsuit against area developer

JOANNE BRATTON

Bulletin Staff Writer

A nonprofit fishing organization may join in the Arkansas Department of Environmental Management's lawsuit against Homeport Land Company and is asking a judge to order the developer to stop polluting the North Fork River, according to documents filed Thursday in Baxter County Circuit Court.

The Arkansas Council of Trout Unlimited filed a motion to intervene Thursday, asking to join in the lawsuit filed in August by the ADEQ. The motion was filed by the organization's attorney, Bob Estes of Fayetteville.

The ADEQ's lawsuit demands Homeport Land Company, which is owned by developer Benny Doyal of Yellville, to cease construction of the subdivision Overlook Estates until it complies with environmental laws. It also asks the company to install effective erosion control and to pay civil penalties for costs of the investigation and damages to natural resources, including the water and fish and plant wildlife.

State law allows people to join a lawsuit when the outcome may affect their interest and if their interest is not adequately represented by those who filed the lawsuit.

Trout Unlimited stated the developer's actions are "causing irreparable harm and damage on a daily basis" to the river and is "jeopardizing the nationally renowned fishery ... and endangering the world-class trout that live in the river" according to the motion.

Trout Unlimited stated its mission is to protect and restore trout fisheries and their watersheds.

If the court permits the group to join the lawsuit, Trout Unlimited is asking the developer to comply with the emergency order, stop polluting the North Fork River, remove pollutants in the river resulting from erosion of the subdivision and install effective erosion controls, according to the motion. It also asks for an unspecified amount to cover damages to the river, the trout and its food sources, civil penalties and the organization's legal expenses.

Doyal's attorney, David L. Ethredge, filed a response last month that denies the allegations the developer polluted the water or failed to comply with an ADEQ emergency order issued in April. He could not be reached for comment Thursday.

Although ADEQ issued an emergency order in April ordering Doyal to install effective erosion controls, state officials said in June they were satisfied with steps he had taken. Doyal had said he spent about $160,000 after the emergency order to meet ADEQ's requirements. The lawsuit was filed after a heavy rain washed away erosion controls on the site.

[snap]

..."heavy rains washed away erosion controls...."...sounds to me like the band aid came off...Is he going to try to put another band aid on this heart attack???