FERNANDINA BEACH, Fla. – Town of Fernandina Seaside is bracing for a authorized showdown with Rayonier Superior Supplies (RYAM), which runs a pulp mill within the metropolis.
RYAM, or Rayonier Efficiency Fibers, has filed a federal lawsuit alleging unfair therapy after Fernandina Beach rejected its plans for a new bioethanol facility.
RYAM says town didn’t comply with correct procedures and misclassified its undertaking, blocking it from shifting ahead.
READ: Lawsuit filed by Rayonier Performance Fibers against Fernandina Beach
The Fernandina Seaside Metropolis Fee has handed a decision to defend town in court docket and is denying all claims by RYAM.
RYAM’s pulp mill in Fernandina Seaside transforms wooden into fibers utilized in on a regular basis merchandise like paper, tissues and even clothes.
In December, the corporate proposed a plan to transform a few of the waste from its operations into bioethanol, a renewable gasoline. However the metropolis denied the proposal, citing considerations over potential well being dangers for residents.
Town additionally argued that the undertaking didn’t meet native zoning guidelines, labeling it as chemical manufacturing as a substitute of a pulp operation.
RYAM claims town misinterpreted the undertaking and didn’t comply with the suitable overview course of.
Now, the corporate is taking authorized motion, asking the court docket to overturn town’s choice.
Town says it stands by its choice and has the authorized funding and insurance coverage protection to deal with the lawsuit.
READ: City of Fernandina Beach resolution on federal lawsuit
To this point, no court docket date has been set.
Senate Invoice raises questions
Together with a looming authorized battle, there’s additionally a invoice being thought-about within the Florida Senate that would reopen the door for RYAM’s bioethanol plant.
PREVIOUS COVERAGE: ‘I just don’t think that this is the right place’: Debate continues in Fernandina Beach over proposed bioethanol plant | Residents concerned over possible health impact of planned bioethanol plant in Fernandina Beach
The invoice, Senate Invoice 1118, which remains to be in committee, has had an amendment added, which reads:
PRODUCTION OF ETHANOL.—For the needs of this part, the manufacturing of ethanol from crops and plant merchandise as outlined in s. 581.011 by fermentation, distillation, and drying is just not chemical manufacturing or chemical refining. This subsection is remedial and clarifying in nature and applies retroactively to any legislation, regulation, or ordinance or any interpretation thereof.
Senate Invoice 1118
The city’s comprehensive plan at present states “chemical or petroleum manufacturing or refining, rubber or plastics manufacturing, or different makes use of producing probably dangerous environmental or nuisance impacts shall be prohibited.”
Nevertheless, if the invoice passes as is, a bioethanol plant which makes use of “fermentation, distillation, and drying,” would now not be thought-about “chemical manufacturing or chemical refining.”
Sen. Stan McClain, who represents Marion, Levy, and a part of Alachua counties, launched the invoice, saying the aim of it’s to deal with the inflow of individuals shifting to Florida and tweak the local development process.
“Now we have an inconsistent software of the legal guidelines we at present have,” McClain stated. “Someday, we’re approving growth. The following day, we try to cease growth, and that’s not constant.”
Tom Budd, the president of Fernandina Wins, which additionally operates as No Ethanol Fernandina, voiced his opinion in opposition to the invoice.
“This proposal fully destroys native management of zoning, and it’s a precedent that ought to upset each single group within the state of Florida,” Budd stated. “It’s just like the legislature goes to say, ‘The argument’s over, we’re ordering that Fernandina Seaside loses of their argument they usually don’t have any management over their very own zoning on this case.’”
Once more, the invoice has not but superior past the committee stage.
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