Tonawanda News

Local News

January 18, 2013

Clean Air earns legal victory

(Continued)

Tonawanda News — “Further, it appears that much of the material the defendants are seeking would be in the possession of the individual plaintiffs, actual parties to the litigation,” Feroleto wrote. “The subpoena as written is extremely broad, and certainly not within the framework of records kept in the ordinary course of a business.”

The CAC and Hogson Russ received the copy of Feroleto’s decision Wednesday. 

“We got most of what we wanted — especially what we were really concerned about,” Heaney said. “We were super excited ... we are not going to have to turn anything over, and it affirms everything we have been saying all along.”

Heaney said if they had to comply with the request, thousands of documents would have to be sent to Hodgson Russ. 

“We would have had to empty out our office,” she said. “We hope this sends a message not just to Tonawanda Coke, but other polluters ... that you can’t just harass community organizations.” 

The man on the other side of the issue, Stravino, of Hodgson Ross, was disappointed with the decision and said he and his client are “discussing how they will proceed.”

“The coalition has made a number of claims about Tonawanda Coke and its operation,” Stravino said. “We do believe the CAC has information and documents that are relevant to the cases ... we’ve got a right to defend Tonawanda Coke.” 

It is not clear yet whether Stravino will attempt to obtain the documents a second time. 

Contact reporter Jessica Bagley at 693-1000, ext. 4150

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