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May 07, 2023

Activists vow fight metal shredder permit ruling

Justin Laurence is a reporter for Crain's Chicago Business covering politics and policy from City Hall to Springfield. Prior to joining Crain's in 2022 he covered city politics, development and cannabis as a freelance reporter.

Community groups, environmental activists and elected officials gathered at City Hall Tuesday to say they’ll continue to fight the opening of a metal shredder on the Southeast Side.

Last week, administrative law Judge Mitchell Ex vacated former Mayor Lori Lightfoot's denial of an operating permit to Southside Recycling, formerly known as General Iron, to operate a scrapping facility in the city's 10th ward on the Southeast Side.

Mayor Brandon Johnson said his administration would appeal Ex's ruling to "continue our fight to uphold our authority under the law to make decisions that protect the environment, health, and quality-of-life for residents of the 10th ward and all environmental justice communities."

Lightfoot's decision to deny the permit came after Michael Regan, the administrator of the U.S. Environmental Protection Agency, expressed concerns over the company's environmental record while operating along the Chicago River in Lincoln Park and after a protracted battle with activists, including a hunger strike, to oppose the permit.

"The federal EPA, the state and the city said no, but most importantly our community said no," said Oscar Sanchez, a former 10th ward aldermanic candidate and hunger striker.

Kim Wasserman, the executive director of the Little Village Environmental Justice Organization, said "our communities can no longer be sacrifice zones for the prosperity of a few."

Wasserman said the environmental movement would not only hold the Johnson administration "accountable" to his commitments, but would "ensure industry hears us."

"To hold them accountable and ensure that our permitting, and siting and zoning process takes our community's community impact into account, takes our community's voice into account, take our community's health into account," she said.

Community activists welcomed Johnson's decision to appeal on Tuesday and said they’ll continue their own fight to let Southside Recycling's parent company, Reserve Management Group, know they are unwelcome in the community.

In his ruling, Ex said that the company, "had met the rules and requirements for an operating permit."

After the ruling, an RMG spokesperson, Randall Samborn, said, "The hearing exposed the city's failure to follow its own rules and ordinances."

The company also will continue to pursue a separate $100 million lawsuit it filed against the city seeking damages it alleges it incurred because of the denial of the permit, Samborn said.

Both an appeal of Ex's decision in Circuit Court and the separate lawsuit could expose the city to a more robust evidentiary process than the administrative hearing process allowed, including witness testimony and depositions of top city officials.

Olga Bautista, executive director of the Southeast Environmental Task Force, said the appeal should be a "top priority" of the city's acting corporation counsel, Mary Richardson-Lowry, who was appointed by Johnson last week.

"This is an example of how the community and government can co-lead," she said. "Co-leadership is key and that's what Brandon ran on and we’re here to make sure that happens.

Justin Laurence is a reporter for Crain's Chicago Business covering politics and policy from City Hall to Springfield. Prior to joining Crain's in 2022 he covered city politics, development and cannabis as a freelance reporter.

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