A Monday night decision by the town trustees in Inola, site of a proposed $4 billion aluminum smelter that has drawn a lawsuit from the state attorney general, left the developers disappointed.
The two trustees had already approved a 60-day moratorium on June 29, and it was scheduled to expire Sept. 28. The moratorium is now extended to April 7.
“We are disappointed by the town council’s decision. Extending the moratorium and retroactively changing approved zoning and established property rights after millions of dollars have been invested under valid authorizations is not permitted under Oklahoma law or the United States Constitution,” said Oklahoma Primary Aluminum in a statement issued after the town leaders made their move.
The trustees also voted to put an ordinance on the ballot during the general election that if approved, would stop all aluminum production within the Inola city limits, a decision that prompted the crowd to crowd to stand and cheer in support in support, reported KJRH TV News. The proposed ordinance was the result of a citizen-led petition which is also challenged in court.
Oklahoma Primary Aluminum vowed to pursue the issue through the courts and continue to move forward with the project that has the backing of the state.
“Additionally, placing a proposed ban on aluminum production on the ballot for a public vote is premature while the courts consider unresolved questions regarding signatures, misleading language and the petition’s legality. Moving forward with a vote before the appeals process undermines basic due process and exposes Inola taxpayers to significant financial and legal risk,” continued the firm’s statement.
“The facility should be evaluated through the established regulatory process, allowing the Oklahoma Department of Environmental Quality and U.S. Environmental Protection Agency to fully review the project and make determinations based on science, evidence and applicable environmental standards.”
Among those who supported the Town Trustees was Rep. Tom Gann, a Republican legislator from Inola. Gann said the vote represents an important exercise of local self-government and protects the right of Inola citizens to help determine the future of their own community.
Many residents of the town are fighting the proposed smelter and some even resorted to showing their opposition during the town’s recent 66th annual Inola Hay Day festival.
Traditional floats were part of the festivities but so were floats carrying signs that declared, “Save our farms, no smelter!”
Attorney General Gentner Drummond used the smelter as a campaign issue in his recent unsuccessful run for the Republican nomination for Governor. His lawsuit, originally filed in Rogers County District Court and then moved to Tulsa federal court, was recently sent back to district court on the ruling of U.S. District Court Judge Sarah E. Hill.
Her order was filed September 10 in Rogers County District Court.
The defendants in the suit, Century Aluminum Company and Oklahoma Aluminum, argued the suit should be heard in federal court but Drummond maintained no federal claims were made in his lawsuit. Judge Hill noted that the state’s lawsuit “does not bring this action to litigate any question of federal law, and it pleads none.” The judge agreed and returned the suit to Rogers County District Court.
