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REC claims lawsuit is about money

by Cameron Probert<br
| March 19, 2010 9:00 PM

SPOKANE — REC Silicon claims a civil lawsuit accusing the company of violating state and federal clean air acts is retaliation for not buying property adjacent to the plant.

Victor C. Jansen, an area landowner, and a group of people associated with the Web site RECisEXCEPTIONAL filed a civil suit in U.S. District Court in an attempt to stop the construction and operation of plants three and four.

The plaintiffs claim the state Department of Ecology didn’t follow the proper procedures, when it issued a notice of construction approval in January, according to the complaint.

Greg McElroy, the plaintiffs’ attorney, said REC needed the permit before it began construction.

REC officials stated the company worked with the state to insure it complies with state and federal clean air acts. The company claims all the required permits are in place.

“The lawsuit filed by Mr. Jansen is mostly about money. Mr. Jansen offered to waive this lawsuit if REC would buy his property at an inflated price,” according to a REC statement issued Thursday to the Columbia Basin Herald. “Victor Jansen owns undeveloped property adjacent to REC Silicon’s plants in Moses Lake, which he acquired after the original plant, now owned by REC, had commenced operations. Mr. Jansen has attacked REC several times through the conduit of lawsuits recently.”

REC and the DOE are cooperating to defend against the lawsuit, according to a company spokesperson.

“REC Silicon takes these violations very seriously and is taking appropriate action to ascertain that the company does not get into similar situations in the future,” according to the spokesperson.

McElroy said REC originally made the offer to buy the property during discussions about what the company’s worst case scenario would be.

“The parties discussed the facility’s need to obtain a larger buffer zone,” he said. “But part of any settlement discussion has been for REC to look at the environmental issues that need to be addressed.”