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The day before Thanksgiving, Kansas-based Ash Grove Cement Company filed a suit against, among others, the City of Dallas, claiming that the city’s desire to go green will take the green right out of Ash Grove’s wallet. The lawsuit, which also names Plano and Fort Worth and Arlington and Tarrant County and the Dallas Independent School District as defendants, is a monster — hundreds of pages of complaints and exhibits. Ash Grove, which makes cement at its Midlothian plant using the wet-kiln method, contends in its complaint filed Wednesday in Dallas federal court:
“In a rush to pass the cement-purchasing resolutions at
issue, under a slogan of ‘cleaner air,’ the Defendants ignored Texas
statutes limiting their ability to use their purchasing power to effect
social policy, stifled legitimate competition, and jeopardized scores
of jobs and significant economic growth. … This is not a case about
air quality; rather, it is about whether the Defendants, however well
intentioned but misguided their goals might be, may ignore laws they do
not wish to follow, may pass resolutions which are unfair, unwise and
unlawful, and may take property away from Ash Grove in an arbitrary and
capricious manner.”
The city’s yet to respond, but this
morning, Downwinders at Risk sent out a media release that takes its
shots at Ash Grove. “I don’t see Ford suing these cities for replacing
their Crown Victorias with Priuses,” says Jim Schermbeck, filmmaker and
spokesperson for Downwinders At Risk. We’ll upload the entirety of Ash Grove’s mammoth complaint shortly. –Robert Wilonsky
