November 08, 2024
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Dragon foes pull federal lawsuit

A midcoast neighborhood group that alleges cement maker Dragon Products’ dust is harming people’s health has withdrawn its federal lawsuit, saying it will focus its efforts on state government instead.

Neighbors for a Safe Dragon had brought its lawsuit in March 2005 in U.S. District Court in Portland. The paperwork for dismissal was filed Thursday.

The Neighbors group is composed of people who live near the 123-acre Dragon Products plant on the Rockland-Thomaston line. The suit also was filed by Daniel and Rachel Cross, personally, and on behalf of their children Shane, Logan and Makayla Cross.

In October, the state Board of Environmental Protection moved to assume jurisdiction of solid waste licenses, so the Neighbors group decided to drop the federal suit, the group’s attorney, David McConnell, said Monday.

When BEP assumed jurisdiction over Dragon’s licensing, “that was the relief” the Neighbors sought, McConnell said.

In July, BEP voted to assume responsibility for Dragon’s solid waste disposal licenses for its cement kiln dust and clinker piles. Dragon applied as far back as 1991 for some of the licenses

All along, the Neighbors group has said its goal is not to shut down the cement manufacturer, but to ensure the company takes measures to control cement kiln dust and comply with all environmental laws.

The hope is that the board and the state will take the necessary steps with respect to Dragon operations, McConnell said.

Portland attorney Eric Wycoff, who represents Dragon, said Monday the decision to drop the lawsuit “speaks for itself.”

A separate lawsuit filed in November 2004 in Knox County Superior Court by Stephen and Kathy Darney and their children, Kalen and Stephen Jr., of Thomaston will go forward, McConnell said.

The Darneys, who live near the Thomaston cement plant, are seeking unspecified damages. They are alleging that their health has been harmed by dust, noise, noxious odors and vibrations from blasting.

A trial date is expected in the next few months, he said.


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