Possible Lawsuits Against Newport Silicon Smelter Development and The Supporters

Possible Lawsuits Against Newport Silicon Smelter Development and The Supporters

These are not listed in any particular order. At least 14 possible lawsuits we can initiate against HiTest, Pend Oreille County, Washington State, Officials and Public Office holders. Each should be considered on its own merits, evidence, case history and facts as potential lawsuits against these groups.

a) Idaho and Washington Homeowners - suit against Pend Oreille County, Washington State, HiTest Inc. for the devaluation of property values because of smelter operations (or even proposed smelter operations, which will have the same effect on property devaluation). Homeowners will now be required to disclose known hazards whenever they intend to sell property, thereby affecting the decision of potential buyers. A Class Action suit is likely due to the large number of complaints and issues arising from this one.

b) Idaho and Washington Homeowners and Businesses - Lawsuit naming the hazardous chemicals and dust, air, soil and water quality degradation that will occur from smelting operations in this community against Pend Oreille County, Washington State and Environmental Health. A Class Action suit is likely due to the large number of complaints and issues.

c) Zoning violations - Lawsuit that the selected site is zoned non-commercial use, HiTest has already claimed to their stockholders that they are going to build there, yet no public hearing on rezoning has occurred. Suit is most likely against Pend Oreille County and Washington State, although there are other actors that could also be named.

d) Property Sale - Lawsuit against PUD and Pend Oreille County, from the special package offer to HiTest only to purchase bundled land with access at discounted pricing.

e) Public Utility District (PUD) - Lawsuit for discounted electricity rates being offered to HiTest, Inc. and not to other businesses or residents (unfair competition and advantage).

f) Expedited Permitting - Lawsuit against HiTest, Inc. and Pend Oreille County and Washington State and Environmental Health for failing to adhere to established environmental concerns and procedures, timelines and practices for proper reviews and assessments. Expedited permitting seeks to circumvent this process.

g) WAC 173-555 violation - Limited development permitted due to new water use and the Little Spokane River Instream Flow Rule. If water use will come from a new well, HiTest, Inc., Pend Oreille Country and Washington State can be sued for violation of these rules. The silicon smelter is Burnsville, MS uses 270,000 gallons of water per day - considerably higher then the claimed “8,000” gallons by HiTest, Inc. and Pend Oreille County officials.

http://www.dailycorinthian.com/view/full_story/27428911/article-Corinth-seeks-grant-to-supply-Burnsville-water

h) Violations of Class 1 Clean Air - The Kalispel Tribe has already detailed potential violations of the Clean Air Act, any smeltering operations will exceed permissible levels allowed and trigger lawsuits against HiTest, Inc., Pend Oreille County and Washington State.

i) Pend Oreille Economic Development Council - Willful misrepresentation of claimed benefits, jobs, income, taxation and non-disclosure of known health hazards. Refusal to permit incoming competing businesses. Council members can be sued individually for their contributions to misleading public information and their participation on suppressing past economic development.

j) County Commissioners - Suit against misrepresentation, disinformation, failure to disclose, failure to inform, conflict of interest (Manus), secret negotiations, refusal during public meetings to provide adequate representation and gross incompetence in the discharge of duties to the public offices they hold. Idaho may want to jump on this one too.

k) Washington State Officials - This includes Governor Jay Inslee, Shelly Short and other public officials support for the silicon smelter at State levels. Suit misrepresentation, disinformation, failure to disclose, failure to inform, secret negotiations, refusal during public meetings to provide adequate representation and gross incompetence in the discharge of duties to the public offices they hold. Idaho may want to jump on this one too.

l) The Newport Miner - Failure to publish resistance to the smelter, protest letters to the editor, smelter facts, hazards and effects, biased reporting, conflict of interest, non-coverage of important developments and facts, and misrepresentations to the community.

m) All County Residents - Lawsuit against County Auditors state-wide (where applicable) for failure to provide mandated voter ballot drop boxes in every city and town (effective SSB5472 July, 2017), suppressing the vote. Pend Oreille County Auditor refused to comply.

http://app.leg.wa.gov/billsummary?BillNumber=5472&Year=2017

n) Pend Oreille County Residents - Lawsuits against Pend Oreille County Commissioners and Public Officials for willful and intentional violation of Approved County Plans For Land Use (Pend Oreille County Comprehensive Plan - Resolution 2016-32). The 20-year plan signed and resolved in September 2016 does not contain any provisions for industrial development anywhere within Pend Oreille County.