Chicago Sun-Times

Judge to rule next month on bid to stop General Iron permit

- BY BRETT CHASE, STAFF REPORTER bchase@suntimes.com | @brettchase Brett Chase’s reporting on the environmen­t and public health is made possible by a grant from The Chicago Community Trust.

A federal judge said that she expects to make a decision by early April on whether to stop the city from issuing a permit to allow the relocated General Iron scrap metal-shredding business to open on the Southeast Side.

Two residents and a pastor are suing the city alleging that their civil rights were violated when the city helped relocate the source of pollution, a car- and metal-shredding operation, from mostly white, affluent Lincoln Park to a low-income community of color on the Southeast Side. The business is waiting to receive a final operating permit from the city, which the lawsuit is trying to stop through a restrainin­g order.

In a hearing Monday, U.S. District Court Judge Mary Rowland focused several questions on a written agreement in 2019 between the city and General Iron’s owner Reserve Management Group, which establishe­d a timeline for the metal-shredding operation to move from Lincoln Park and reopen on the South Side.

After declaring the matter “a really important issue,” Rowland asked lawyers for the residents how the two-page document explicitly showed a discrimina­tory practice.

Christophe­r Carmichael, a lawyer for the plaintiffs, said the agreement doesn’t mention the racial difference­s between the North Side and South Side locations in question. But he said the document itself was “unusual” and fit into a pattern that showed the city wanted General Iron moved out of a redevelopi­ng Lincoln Park.

Carmichael also noted a city air-quality report released last summer that showed the Southeast Side is one of the most environmen­tally burdened areas of Chicago.

“The city’s own air-quality report is pretty damning,” Carmichael said.

Rowland said the city’s findings were “distressin­g” but said public health officials should separately address the issue of cumulative pollution.

Referencin­g the accusation­s of discrimina­tory practices, Rowland said: “I can only act if it’s establishe­d someone acted with actual animus.”

City lawyers said if a permit is granted, the South Side operation would have more stringent anti-pollution requiremen­ts than those for the Lincoln Park location under new rules put in place last year.

David Chizewer, a lawyer for RMG, denied that the city had a hand in helping the operation move to the Southeast Side. “The city had absolutely nothing to do with the location,” Chizewer said at the hearing. RMG is not a defendant in the lawsuit. The lawsuit, filed in October, is one of two federal complaints alleging residents’ civil rights were violated as a result of the proposed business relocation as well as Chicago’s longstandi­ng zoning and land-use practices.

The U.S. Department of Housing and Urban Developmen­t and the Justice Department are investigat­ing the General Iron move in a case that is separate from the federal court lawsuit.

 ?? PAT NABONG/SUN-TIMES FILE ?? Marie Collins-Wright, a South Deering resident, attends a protest in November demanding Mayor Lori Lightfoot deny a permit that will allow a renamed General Iron to operate on the Southeast Side.
PAT NABONG/SUN-TIMES FILE Marie Collins-Wright, a South Deering resident, attends a protest in November demanding Mayor Lori Lightfoot deny a permit that will allow a renamed General Iron to operate on the Southeast Side.

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