Attorney Joins Woodriver Case: Michael J. Walleri

AGAINST the state!

Local attorney Michael J. Walleri joined the defense team with Jason Gazewood to defend Andrew and Gloria Straughn, according to May 9, 2013 court records.

In 2008, the Straughns installed two outdoor wood boilers across the street from Woodriver Elementary School.

The state attorney for Alaska DEC v. Straughn is Seth Beausang based in Anchorage, <seth.beausang@alaska.gov> (907)269-5274.

The state filed 20 witness affidavits in support of their case. 2 affidavits reference the number of citizen complaints filed since 2008.

According to the affidavit filed by James Conner, FNSB Air Quality Manager, 171 complaints from 42 different people were filed about poor air quality in the University West neighborhood in the past 5 years. 62 of the 171 complaints filed with the Borough identify one or both of the boilers owned by the Straughns.

According to the affidavit filed by Kristen Brown, Environmental Program Specialist for Alaska DEC, 187 complaints were filed about smoke in the Woodriver area since 2008. 91 of the 187 complaints filed with the state identified the Straughn boilers as the source of the smoke.

>> Link: State of Alaska v. Straughn Complaint, filed 1/3/2013

>> Link: State of Alaska v. Straughn Preliminary Injunction Order, ordered 2/4/2013

Track the case: CourtView case number 4FA-13-01205CI, plaintiff – State of Alaska Department of Conservation, defendants – Andrew and Gloria Straughn

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Compare Woodriver Smoke Maps Before and After Court Order

Better air, finally, for Woodriver. For real this time.

What changed? The Straughns stopped operating their two outdoor wood boilers.

Why did they stop?

Was it the court order, the preliminary injunction signed by Judge Robert Downes February 4?

Click on the maps and zoom in on Woodriver Elementary School to see close-ups BEFORE the OWBs stopped smoking.

FNSB “Sniffer” Vehicle Maps BEFORE Media Coverage of Court Order

Or did they stop because of publicity on the court order?

The Fairbanks Daily News-Miner story ran February 14, 2013: Court order shuts down wood boilers by Woodriver.

Poof, the smoke was gone.

Give credit where credit’s due. Thank you, FDNM. Thank you, DEC. Thank you, FNSB sniffer vehicle!

Woodriver Elementary is in the clear, even when other areas are hot with air pollution. See the AFTER maps below.

FNSB “Sniffer” Vehicle Maps AFTER Media Coverage of Court Order

Whatever it was, we’re grateful the Straughns finally got the message.

Do you catch yourself wondering if they feel a burden of responsibility for the harm? Harm from smoke that caused asthma attacks in children who came to school to learn. Harm from smoke that forced teachers to arm themselves with inhalers. Harm from smoke that hazarded a newborn beginning a life, sent mothers into invasive surgery, kept workers from their jobs, prevented neighbors from enjoying their yards, and risked treasured elders gone too soon.

First complaint to last smoke plume (Aug 20, 2008 to Feb 13, 2013):

1,639 days of smoke

4 years, 5 months, 25 days

What we now know:

1. Stopping the source of smoke fixes the problem in a single day.
2. Healthy air for Woodriver makes a compelling case for enforcement. Urgent action is needed to save more neighborhoods in Fairbanks and North Pole.
3. The sniffer vehicle maps pinpoint smoke sources.

Woodriver Background: The two hydronic heaters were installed outside two rental duplexes directly across the street from Woodriver Elementary in 2008. Over the years, the owners were encouraged, including by State Representative Tammie Wilson (R-North Pole), to take steps to reduce the smoke. Nothing worked: taller chimneys, drier wood, and installation of two ClearStak CS-100 electric retrofit catalysts. The catalysts retail for $2,395 each but were provided and maintained for free through a state grant orchestrated by Rep Wilson. According to ClearStak, the patented “intelligent” CS-100 “virtually eliminates the nuisance of smoke generated by OWBs.” The owners were offered $7,500 for each from the Borough’s hydronic heater removal program, but didn’t reply. On Jan 3, 2013, the state filed a civil case against the owners, Andrew and Gloria Straughn.

Read 140 complaints filed with the state and borough here.
Read posts about Woodriver’s lengthy smoke ordeal here.

>> Link to smoke maps: Fairbanks North Star Borough “sniffer” vehicle maps, current

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Woodriver Smoker “May Not Operate” by Order of the Court

Some will say the Woodriver smokers, Andrew and Gloria Straughn, will see this post and stop burning.

We say, go right ahead and stop. That’s exactly what they should have done over 4 years ago.

The Straughn’s got the order. It’s public record. Why shouldn’t you see it too?

>> Link: State of Alaska v. Straughn Preliminary Injunction Order, ordered 2/4/2013

Here’s what we LOVE [Hey, it’s Valentine’s day!] about the court order.

“…(T)he Court finding good cause for such motion, and further finding that the operation of the defendants’ two outdoor wood boilers has proven to be a public nuisance;” Thank you, Judge! That’s a first for Fairbanks!

“IT IS HEREBY ORDERED that the defendants may not operate either of the two outdoor wood boilers…unless they obtain an order from this Court allowing such operation.”

“This order takes effect immediately.” (Feb 4, 2013)

Signed by “Superior Court Judge Robert B. Downes”

Did the Straughns violate the order? Yes they did. Tomorrow we’ll publish a new set of photos. The evidence is in. Does the State have the juice to go after the Straughns for contempt of court? They better.

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Defiant: Has Woodriver Smoker Disobeyed Court Order to Stop?

defiant

de·fi·ant adjective : full of or showing defiance : bold, impudent <defiant rebels> <a defiant refusal>

5055 Palo Verde Ave, Fairbanks, Alaska on Feb 5, 2013 @ 11:33 am

On Feb 4, 2013, Judge Robert Downes granted the state’s motion for a preliminary injunction, see CourtView case 4FA-13-01205CI.

Indeed, the Straughns’ attorney has said the state’s injunction prevents the Straughns from operating the outdoor wood boilers, and they have shut them down, most likely for the season. This is according to Kim Murphy, LA Times correspondent comment on Scorched Weekend: Woodriver Polluter Smokes it Up.

Then, why is their boiler still smoking Feb 5, 2013 at 11:33 am?

Further, do instrumented “sniffer” vehicle maps from the Borough pinpoint the boilers’ smoke? Click on the images to enlarge.

FNSB “sniffer” Map 2013-02-06

Another witness in the neighborhood reported to Clean Air Fairbanks “putrid” smoke from the Straughns’ boilers on Feb 6 and again today, Feb 12. The resident sent a complaint about the Straughns’ Feb 6 smoke that same day to Governor Sean Parnell, Commissioner Larry Hartig, Senator Click Bishop, and Representative Pete Higgins.

Did the court’s Feb 4 preliminary injunction prohibit operation of the boilers? Did the injunction take effect by Feb 5 or Feb 6, or as late as today, Feb 12? If so, Andrew and Gloria Straughn may be in contempt of court.

What could make these landlords defiantly disregard the health of their neighbors and a court order?

Is padding the bank account with a few more bucks really worth it?

Or is this an example of getting in the last licks?

Only the court documents will tell.

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Scorched Weekend: Woodriver Polluter Smokes it Up

Andrew and Gloria Straughn scorched through a recent weekend. The couple are named as defendants by Alaska Department of Environmental Conservation, plaintiff, in a civil case filed in Superior Court Jan 3, 2013. The couple have two outdoor wood boilers across the street from Woodriver Elementary that have generated smoke pollution since they were installed in 2008.

Hey, it’s the weekend. Why not fire both up?

So, yeah, their neighbors noticed. Who wouldn’t? DEC, that’s who.

5055 Palo Verde Ave, Fairbanks, Alaska

58 Trinidad Dr, Fairbanks, Alaska

5055 Palo Verde Ave, Fairbanks, Alaska

Pre-Trial Scheduling Conference: March 18, 2013

>> Link: CourtView – search for Case 4FA-13-01205CI, defendants – Andrew and Gloria Straughn

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Despicable You: Woodriver Boilers Smoking this AM

Smoke from Outdoor Wood Boiler at 58 Trinidad Dr takes Aim at Woodriver Elementary, Feb 6, 2013 @ 10:15 am

Make him stop. Call Juneau.

Ask the Commissioner to issue an emergency order to stop the smoke now.
The first court hearing on the state’s preliminary injunction motion will not be held until for nearly 6 weeks, March 18, 2013.
Public health and the health of children, school employees, and neighbors can’t wait until March.

Contact:

Alaska DEC Commissioner Larry Hartig <larry.hartig@alaska.gov> (907)465-5065
Governor Sean Parnell <governor@alaska.gov> (907)465-3500; 451-2920 Fairbanks

Woodriver is in their districts:
Representative Pete Higgins – House 5 <Representative.Pete.Higgins@akleg.gov> (907)465-4976 Chair, House Health & Social Services Committee
Senator Click Bishop – Senate C <Senator.Click.Bishop@akleg.gov> (907)465-2327

>> Link: CourtView – search for Case 4FA-13-01205CI, defendants – Andrew and Gloria Straughn

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Woodriver Smokers Demand JURY TRIAL!

Straughns’ Smoke heading toward Woodriver Elementary School 9 am 3/24/2011

If you rear-end a school bus, would you demand a jury trial?

Maybe not. But you’re not the owners of TWO outdoor wood boilers accused of smoking out a neighborhood and school.

On Jan 31, the attorney for the owners filed a “demand” for a jury trial.

Jason Gazewood, Esq, is the defense attorney for the husband and wife who in 2008 installed two outdoor wood boilers across the street from Woodriver Elementary School.

Can the Alaska Attorney General’s office, representing Alaska DEC, convince a jury that the defendants’ smoke caused a nuisance in violation of state law and must be shut down?

The smoke started in 2008. When will it stop?

Today, Feb 1, Judge Michael MacDonald recused himself from the case which was then reassigned to Judge Robert Downes.

>> Link: CourtView – search for Case 4FA-13-01205CI, defendants – Andrew and Gloria Straughn

>> Link: State seeks court order to shut down two outdoor wood boilers next to Woodriver Elementary FDNM 2/1/2013

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Finally: DEC v. Straughn

The Alaska Department of Environmental Conservation filed Thursday in Superior Court against the owners of two outdoor wood boilers located across the street from Woodriver Elementary School.

58 Trinidad Dr, Fairbanks, AK 1-19-2012 @ 10:24 am

5055 Palo Verde Ave, Fairbanks, AK 12-5-2012 @ 11:55 am

Citizens filed hundreds, perhaps thousands, of complaints against the smoke from these two outdoor wood boilers with the first complaint being lodged August 20, 2008. Neighbors, teachers and other school staff, and hundreds of elementary children endured years of smoke before DEC mustered up the will to file this case.

Without an injunction to stop the smoke pollution, dancing in the streets would be premature, even hazardous.

This historic case is the first and only enforcement action DEC has taken to reduce PM 2.5 smoke pollution in the Fairbanks North Star Borough.

Plaintiff: State of Alaska Department of Conservation, represented by Attorney Office of the Attorney General, (907)451-2811
Defendants: Andrew and Gloria Straughn
Judge: Michael A. MacDonald
Court: Civil Superior Court
Date Filed: 1/3/2013
Case Number: 4FA-13-01205CI

Serious violations of the Clean Air Act for 24-hour fine particulate pollution put Fairbanks and North Pole in nonattainment on Dec. 14, 2009. A state plan to bring the area into attainment was due Dec. 14, 2012 but has not been written or filed with EPA. A recent assessment by Dermot Cole, columnist with the Fairbanks Daily News-Miner, found levels of PM 2.5 to be higher in this Alaska community of 100,000 residents than anywhere in the world except for one city in China of nearly 12 million.

>> Link: Wood stoves, extreme cold blight air at Alaska’s “North Pole” Reuters 12-1-2012

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