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September 13, 2004 02:00 AM

Neb. recycler takes suit against DEQ to state's high court

Miles Moore
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    The Nebraska Supreme Court has agreed to hear a case involving the Nebraska Department of Environmental Quality and a Wisner, Neb., tire recycling firm.

    Central States Tire Recycling of Nebraska filed suit against the DEQ, claiming among other things that the agency violated Central States' right of due process and arbitrarily interfering with the company's ability to do business. The high court was scheduled to hear oral arguments at presstime, Sept. 9.

    The suit began after the DEQ revoked Central States' operating permit, according to John D. Feller, the company's attorney. The company had installed some of its Enviro-Block bales of compressed scrap tires in a vacant lot for a client, TransAgra Capital Corp., that wanted to develop the land for commercial development.

    That development has been put on hold until the case is resolved, Mr. Feller said. The DEQ said it pulled Central States' permit because it failed to apply to the agency for approval for the TransAgra project.

    Central States claimed it was forced to go ahead without applying for DEQ approval because the agency ``consistently turned projects down,'' Mr. Feller said.

    A state district court ruled in the DEQ's favor. In its appeal to the state Supreme Court, Central States argued among other things that the district court erred in ruling that Enviro-Block is scrap or waste under state law. The high court should rule on the case before the end of the year, Mr. Feller said. DEQ officials could not be reached for comment.

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