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*** UPDATED x3 - AG Raoul, Pritzker admin respond *** Durkin, Curran and Mazzochi file brief to halt Sterigenics reopening

Tuesday, Jul 23, 2019 - Posted by Rich Miller

* Press release…

Illinois House Republican Leader Jim Durkin (R-Western Springs), state Rep. Deanne Mazzochi (R-Elmhurst), and state Sen. John Curran (R-Downers Grove) today filed an amicus brief in the Circuit Court of the Eighteenth Judicial Circuit in response to the proposed consent order that will allow for the re-opening of the Sterigenics facility in Willowbrook.

“Sterigenics has lost the right to operate in our community,” said Durkin. “This brief lays out the steps taken by the General Assembly, through The Matt Haller Act, to ensure corporate polluters like Sterigenics can’t harm any more of our state’s residents.”

“The Matt Haller Act’s language was specifically crafted to allow Illinois EPA to keep Sterigenics shut down based on its prior Seal Order findings, and the Illinois Attorney General’s assumption Sterigenics can meet the narrow limited exceptions given the added new compliance standards is premature and unfounded,” said Mazzochi. “At this time neither Sterigenics nor the Illinois EPA have shown Sterigenics can or will meet The Matt Haller Act standards, and until they do, they should remain shut down.”

The brief provides the court with additional background regarding the language in, and the intent of, The Matt Haller Act to show that the legislature appropriately addressed the issue of ethylene oxide in Illinois and that any attempts to circumvent the law are misguided and a misinterpretation of the law.

The amicus brief is here. I’ve asked the governor’s and the attorney general’s people for comment.

* From the brief…

*** UPDATE *** Press release

In light of recent developments regarding the potential re-opening of the Sterigenics facility in Willowbrook, Illinois, U.S. Senators Dick Durbin (D-IL) and Tammy Duckworth (D-IL), and U.S. Representatives Sean Casten (D-IL-06), Dan Lipinski (D-IL-03), Bill Foster (D-IL-11), and Brad Schneider (D-IL-10) today urged the U.S. Environmental Protection Agency (EPA) to set new, strict national standards for facilities emitting ethylene oxide (EtO) as soon as possible. The members also requested that a timeline of events, along with a status of progress, be shared publicly to reassure neighboring communities that the EPA is working to mitigate the cancer risk associated with prolonged EtO exposure. They also pushed EPA to conduct ambient air monitoring in Lake County where two EtO emitting facilities operate.

“The EPA is taking too long to move forward with an action to protect communities surrounding ethylene oxide facilities,” the members wrote in a letter to EPA Administrator Wheeler. “Even after elevated levels of EtO emissions have been found around the facilities in Willowbrook and Lake County, the EPA has been slow to respond to this public health crisis.”

*** UPDATE 2 *** Governor’s office…

The Legislators’ amicus brief reflects a fundamental misstatement of the new state law which they drafted and sponsored. The consent order not only explicitly requires the company to comply with the new law but actually includes provisions that are more stringent than the law by imposing additional conditions on Sterigenics to protect the community. Without the consent order, Sterigenics would fight to reopen even before the strongest ethylene oxide sterilization regulations in the nation take effect.

From the consent order…

This Consent Order in no way affects the responsibilities of Defendant to comply with any other federal, state or local laws or regulations, including but not limited to the Act and the Board regulations.

And, I’m told, the judge in the case and the attorney for Willowbrook and Burr Ridge acknowledged in court last week that the statute allows Sterigenics to operate if they comply with the state’s new law.

…Adding… The transcript of that proceeding is here.

*** UPDATE 3 *** AG Raoul…

When my office partnered with DuPage County State’s Attorney Bob Berlin to file a lawsuit against Sterigenics, we called on the state’s lawmaking body – the General Assembly – to pass legislation to ban or greatly restrict the use of ethylene oxide in Illinois.

The Illinois EPA issued a seal order that our office has vigorously defended, ensuring the order remained in place to prevent operations while the General Assembly enacted stricter standards for ethylene oxide facilities in Illinois. The Legislature passed, and Gov. Pritzker signed, stringent regulations requiring facilities that generate ethylene oxide emissions to reduce emissions from each exhaust point by 99.9 percent. Under the law, facilities – including Sterigenics – that comply with the new law can operate in the state of Illinois.

The law passed just this spring by Leader Durkin, Sen. Curran and Rep. Mazzochi does include the strongest regulations of ethylene oxide emissions in the nation. However, it does not ban the use of ethylene oxide in Illinois.

Nothing in the proposed consent order filed last week allows Sterigenics to reopen unless and until Sterigenics can demonstrate compliance with the law, as recently passed by the Legislature.

  56 Comments      


Gun dealers complain about new regulations

Tuesday, Jul 23, 2019 - Posted by Rich Miller

* The SJ-R has a story up about the new Firearm Dealer License Certification Act. I’m a gun owner, but I’ve never been to this particular shop because they have (or had) a “no reporters allowed” policy posted at their entrance

Reached Thursday by phone, a representative from Birds ’N Brooks Army Navy Surplus in Springfield confirmed the store is “out of the gun business and it was due to the gun license law.”

* One reason for the new law was to require gun dealers to increase their security procedures. Birds ’N Brooks apparently had a problem with that issue back in the aughts

Police arrested the prime suspect this morning in Monday’s fatal shooting of a statehouse security guard. […]

Law enforcement suspects the shooter may have attempted to steal a 12-gauge shotgun from Birds ‘N Brooks Army Navy Surplus on South 6th Street, one hour before the Statehouse killing.

The store owner identified Monday’s robber as the same man who stole a 12-gauge shotgun last week, Burton reported.

Lt. Doug Williamson of the Springfield Police Department confirmed that the shotgun found in Potts’ apartment was the one stolen from the surplus store.

Maybe the State Journal-Register could’ve searched its own archives before running today’s piece.

* Anyway, back to the SJ-R

Bill Oglesby, a fourth-generation gunmaker and gun dealer in Springfield, had choice words last week for the Illinois State Police website that wouldn’t accept his application. Promised return phone calls haven’t materialized, he said.

“We tried to meet the deadline and (this happens),” Oglesby said. “What’s a guy supposed to do? We believe in obeying the law.

“There are no administrative rules.”

“Give us clear rules,” Dale said. “I’m a rule follower.”

That’s probably the most valid point. The ISP is definitely understaffed and overwhelmed and the compliance deadlines were very tight.

…Adding… I forgot to post this bit

[Doug Schmidgall, the owner of Aim 2 Shoot in Springfield] said that gun sales there have doubled the past month.

…Adding… Stolen guns are not uncommon. Per a commenter, here’s a Springfield example from 2016

Springfield police say they believe the theft of more than 50 guns from a local firearms dealer last weekend is gang-related.

Five people have been arrested, including three juveniles, in connection with the break-in Sunday night at Letz Hunt and Sport

There’s no excuse for something like that.

  52 Comments      


*** UPDATED x1 *** K3 Democrats remove offensive post, but won’t apologize

Tuesday, Jul 23, 2019 - Posted by Rich Miller

* Proft got the ball rolling…



* About an hour later, legislators began receiving this inquiry from one of Proft’s papers…

Hello

This is Hoang again, assignment editor for LGIS. I’m reaching out regarding the controversial picture Kankakee County democrats posted this late last week:

https://twitter.com/DanProft/status/1153380391870455808/photo/1

We’d like to get your thoughts on this.

Questions:

1) Wha do you think about the image comparing MAGA to KKK?

2) What are your thoughts on the divisiveness of the current political landscape? Can we escape this toxic rhetoric?

3) Isn’t this an expression of free speech? how does it differ from other expression of speech?

Those are all the questions I have for you. If you would prefer to conduct a phone interview, we can set up a time for me or another reporter to call you.

The unique email address above - though it looks strange - directly relays your response to our editorial system. When you hit “reply” to this email, your message will be sent directly to me.

If you have any questions please let me know.

Thank you.

* Craig tweeted it out…



* Greg picked it up

A day after a GOP group caught heat for a faux poster dubbing four Democratic congresswoman “The Jihad Squad,” the Kankakee County Democratic chairman conceded he posted a now-withdrawn image likening a support of President Donald Trump to membership in the Ku Klux Klan.

In a phone interview, Chairman John Willard defended the picture of someone wearing a Klan-style peaked hat—dyed red and with a spin on Trump’s patented slogan, but here reading “Make America hate again.” To the side of the image, the posts reads: “What’s the difference between a Klan hood and a MAGA hat? The Klan hood was made in America.” […]

A screenshot of the image was forwarded to me by a Republican operative. I phoned Willard to see if it was legit, and he said he had posted the image on July 19 but the post was taken down a day or two later by a member of his organization who works as a web administrator and “said it wasn’t in good taste.”

Willard said he posted the image because, “for me, it’s all about the hypocrisy of this president. He says he’s going to make America great, and then did what he did to these four congresswomen. . . .If he’s going to really make America great, don’t make your stuff overseas,” Willard added, referring to reports that some MAGA hats are produced in foreign countries.

In fact, official MAGA hats are made in a California factory by a mostly Latino workforce, though some knockoff hats reportedly come from China.

*Sigh*

People are so goofy. But, hey, at least they had enough sense to take it down before somebody demanded it.

* Or did they?

The social media posts by the Democrats and Republicans represent the increasing political polarization over issues of race, immigration rights and ideology that have been fueled by Trump’s recent comments. The post by the Kankakee County Democratic organization, which appeared to have been posted after 5:30 p.m. on Monday based on the Twitter feed, followed a weekend Facebook controversy for the Illinois Republican County Chairmen’s Association.

* The governor stepped in…


Missing a K, dude.

* And then the Sun-Times added to the story

A representative from the Illinois Democratic County Chairs’ Association did not respond to a request for comment Monday night. […]

Willard said he posted the image but deleted it July 19 — the same day that the Republican County Chairmen’s Association of Illinois shared a bogus movie poster on its Facebook page that depicted four Democratic congresswomen of color as “The Jihad Squad.”

I haven’t looked, but I’m betting lots of county party Facebook pages are nightmares just waiting to be discovered. Do better.

* Fox Chicago

“Internet memes that’ve been posted by both parties on different partisan websites highlight something that I think most people in this state understand. Both political parties are run by a bunch of knuckleheads,” said Dan Proft, talk show host of AM-560 The Answer.

* Tribune

Democratic state Sen. Toi Hutchinson of Olympia Fields who also is president of the National Conference of State Legislatures, said “no one should be clutching their pearls” as if they haven’t seen such memes played out on both sides across the nation.

“It should make us all take a hard look at the power of social media to incite division and hate in our country,” Hutchinson said. “We should insist on doing better because I for one am tired of this.”

* Kankakee Daily Journal

In a statement, Kankakee County Republican Chairman Jeff Keast said the local Democratic Party has become “a radical, left-wing, fringe party.”

“Comparing President Trump and his supporters to a white supremacist hate group that systemically engaged in terror and murder is absurd,” Keast said. “Democrat officials in our county must call out and reject such extreme rhetoric. While I appreciate that the county Democrats have since deleted their Facebook post, I believe they must apologize for their actions. They have gone too far.” […]

[John Willard, chairman of the Kankakee County Democratic Party] said his organization would not apologize for the local post, saying the demand for one is part of a political strategy.

“This whole thing was initiated by Trump, when he told four minorities to go back where they came from,” Willard said. “We are not in line with what the president instigated. It’s nonsense. It’s unbecoming of the United States.”

*** UPDATE *** Kankakee County Republican Central Committee Chairman Jeff Keast…

John Willard is so extreme and out of touch with his own county, that even far Left Democrats like JB Pritzker are saying he lacks ‘civility’ and are calling him out. It’s far past time for local elected Democrats to follow Pritzker’s lead and speak out against Willard. It’s clear that John Willard must resign as Chairman of the Kankakee Democrats. Our county deserves party leaders who are respectul in their disagreement. Willard has proven he is incapable of that.

…Adding… Wise advice…



  37 Comments      


*** LIVE COVERAGE ***

Tuesday, Jul 23, 2019 - Posted by Rich Miller

* Follow along with ScribbleLive


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Sen. Duckworth now regrets role in Al Franken’s resignation

Monday, Jul 22, 2019 - Posted by Rich Miller

* December of 2017

Both of Illinois’ Democratic senators on Wednesday joined the list of lawmakers calling on U.S. Sen. Al Franken to quit.

In a tweet Wednesday, U.S. Sen. Dick Durbin, the No. 2 Democrat in the chamber, said, “Senator Franken’s behavior was wrong. He has admitted to what he did. He should resign from the Senate.”

U.S. Sen. Tammy Duckworth, in a statement Wednesday afternoon, said she was “deeply disappointed” by the Minnesota senator’s behavior.

“I am deeply disappointed by Sen. Franken’s behavior. He must step aside,” she said. “To all those across America who have come forward to share their stories over the past few months: thank you. Your courage and strength in driving this long-overdue national conversation is awe-inspiring.”

* Jane Mayer at the New Yorker

It is extremely rare for a senator to resign under pressure. No senator has been expelled since the Civil War, and in modern times only three have resigned under the threat of expulsion: Harrison Williams, in 1982, Bob Packwood, in 1995, and John Ensign, in 2011. Williams resigned after he was convicted of bribery and conspiracy; Packwood faced numerous sexual-assault accusations; Ensign was accused of making illegal payoffs to hide an affair. […]

A remarkable number of Franken’s Senate colleagues have regrets about their own roles in his fall. Seven current and former U.S. senators who demanded Franken’s resignation in 2017 told me that they’d been wrong to do so. Such admissions are unusual in an institution whose members rarely concede mistakes. Patrick Leahy, the veteran Democrat from Vermont, said that his decision to seek Franken’s resignation without first getting all the facts was “one of the biggest mistakes I’ve made” in forty-five years in the Senate. Heidi Heitkamp, the former senator from North Dakota, told me, “If there’s one decision I’ve made that I would take back, it’s the decision to call for his resignation. It was made in the heat of the moment, without concern for exactly what this was.” Tammy Duckworth, the junior Democratic senator from Illinois, told me that the Senate Ethics Committee “should have been allowed to move forward.” She said it was important to acknowledge the trauma that Franken’s accusers had gone through, but added, “We needed more facts. That due process didn’t happen is not good for our democracy.” A

I’ve asked Sen. Durbin’s office if he also has any regrets.

* Back to the story

For some activists in the women’s movement, Franken’s resignation was a welcome milestone. Linda Hirshman, the author of the recent book “Reckoning: The Epic Battle Against Sexual Abuse and Harassment,” told me, “Franken clearly intended to touch these women, and in doing so he violated their right to bodily integrity.” She argues that the Democratic Party has belatedly made up for having excused Bill Clinton’s treatment of women, adding that it’s “finally starting to be the party that protects women from having their asses grabbed.”

Other feminists see the episode as a necessary corrective. [Rebecca Traister, a writer-at-large for New York], who thinks that the behavior described in the media qualifies as sexual harassment, told me, “One of the troubling things about this is that there aren’t easy answers. When you change rules, you end up penalizing people who were caught behaving according to the old rules. But if you don’t change the rules they will never change.”

The lawyer Debra Katz, who has represented Christine Blasey Ford and other sexual-harassment victims, remains troubled by Franken’s case. She contends, “The allegations levelled against Senator Franken did not warrant his forced expulsion from the Senate, particularly given the context in which most of the behavior occurred, which was in his capacity as a comedian.” She adds, “All offensive behavior should be addressed, but not all offensive behavior warrants the most severe sanction.” Katz sees Franken as a cautionary tale for the #MeToo movement. “To treat all allegations the same is not only inappropriate,” she warns. “It feeds into a backlash narrative that men are vulnerable to even frivolous allegations by women.”

…Adding… Possible 2022 GOP opponent…


  25 Comments      


Republicans step up to denounce racist statement from one of their own

Monday, Jul 22, 2019 - Posted by Rich Miller

* From the Illinois Republican County Chairmen’s Association’s Facebook page..

How some people can be racists and claim to be victims at the same time never ceases to disgust me.

* We live in a diverse state. You can’t win statewide by being stubbornly monocultural. And suburbia, as a whole, no longer rewards those who sow racial division and discord. So the intra-party condemnations were swift…


* I’m told Shaw was out of town the other day when the item was posted to Facebook. Four or five people in the group had administrative permission to post stuff on the page, but there was supposed to be a process in place and it wasn’t followed. That, anyway, is their story and they’re sticking to it in these times of strife

Mark Shaw, the Lake County GOP chairman who heads the state county chairmen’s group, said the posting was “not authorized by me” and said he was “sorry if anyone who saw the image was offended by the contents.”

Shaw said the post had been deleted, and he called it an “unfortunate distraction” from the ideological issues involving the four progressive congresswoman.

On Facebook, Shaw called the posting “unauthorized.” Then he explained how the group has a “multistage, approval process for all social media posts on any of its social media properties.” That process, he said, is being “reevaluated.”

* But not everyone was on board with the condemnations and apologies…


The GOP congressional delegation, all Downstaters and exurbians, remained silent.

…Adding… Greg Hinz

Schneider hasn’t returned my phone and email messages. Nor has Shaw, who said in a Facebook post that the “Jihad squad” poster was unauthorized by him. But party sources I talk to seem to have a pretty good idea of what really happened here, and it’s worth noting that the same poster appears to have been retweeted by the Lake County GOP, where Shaw is the chairman.

Either way, instead of talking about how to win as a minority party in this state, or about how Democrats have messed up, Illinois Republicans today are having to explain why they’re not as bad as they look. Above and beyond the moral considerations, that’s not helpful politically.

Nope.

* Related…

* NBC Nightly News: Illinois GOP group deletes post depicting Democratic congresswomen as ‘The Jihad Squad’

* Illinois GOP group removes post calling congresswomen ‘Jihad Squad’

* Illinois Republican leaders denounce ‘jihad squad’ post on GOP Facebook page

* Republican group’s ‘Jihad Squad’ Facebook post draws condemnation

* Dems Blast Republican Group’s Facebook Post Targeting Ocasio Cortez, Omar

* The ‘love it or leave it’ nonsense: Chicago Daily News columnist’s argument still rings true 50 years later: Nobody should be faced with the mean choice of accepting conditions as they are or abandoning the place he has grown up in. We not only have a right, we have a responsibility, to make our environment as just and as flourishing as our Founding Fathers declared it must be if it were to live up to its aspiration as “the standard of the world.”

* Voice of The Southern: There are some things more important than politics: Aside from the thinly veiled bigotry, the mean-spirited nature of the president’s remarks, the undeniable element of bullying are nearly impossible to overlook — unless you are a congressional Republican. The House of Representatives voted Tuesday to condemn the president’s remarks. The vast majority of Republicans, including local representatives Mike Bost and John Shimkus, chose to not condemn the president’s remarks. In today’s hyper-partisan atmosphere, that’s not surprising, but it is still disappointing.

  74 Comments      


Will there be a special session for Sterigenics?

Monday, Jul 22, 2019 - Posted by Rich Miller

* My weekly syndicated newspaper column

“Sterigenics should be completely shut down until we determine it can operate safely,” gubernatorial candidate J.B. Pritzker tweeted last October.

A month after taking office, Gov. Pritzker made good on the first part of that campaign promise. The Illinois Environmental Protection Agency issued a “seal order” to close the company’s doors.

Sterigenics sterilizes medical instruments at its plant in suburban Willowbrook, using the cancer-causing gas ethylene oxide. About 19,000 people live within a mile of the plant. Four schools are also close by, as are shopping areas and office buildings. People claim, with no small amount of evidence, that the plant has caused an unusual number of cancer cases.

That part of the world is home to lots of upper-income folks. It is represented in Springfield by House Republican Leader Jim Durkin, who has repeatedly demanded the company either leave Willowbrook or be forced out.

That’s not exactly a Republican thing to do, but the company is seen as so toxic (literally and figuratively) that Durkin’s sentiment is most certainly overwhelmingly popular. Environmental testing after the plant was closed showed a significant drop in ethylene oxide presence in the local environment. People started to breathe easier (literally and figuratively).

Durkin eventually passed a bill that he believed would keep the plant closed by setting the regulatory bar extremely high to reopen the facility, although the governor’s office claims it warned Durkin that the bill offered no guarantees of permanent closure.

To the surprise of many, the company decided to spend the money to try and bring its plant into compliance with what has been touted as the absolute toughest ethylene oxide emission regulations anywhere.

Last week, Sterigenics, the Illinois attorney general, the DuPage County state’s attorney and the governor (in that order) announced an agreement had been reached in the various court cases over the plant’s closure, subject to judicial approval.

Durkin and other legislators were briefed on the deal earlier in the day and were shocked at the decision. They asked for a delay until at least after an August public meeting. The request was denied.

Sterigenics quickly issued a press release trumpeting the new agreement, which also stunned Durkin and the others. Some area mayors were being briefed on the agreement when somebody at the meeting announced that the company’s press release had been posted on CapitolFax.com. “Everyone on the state side lost color in their face,” claimed one participant.

It took the attorney general and state’s attorney more than two hours to issue their own press release announcing the agreement to settle the court cases. The governor’s office didn’t issue its own response until almost half an hour later. By then, all heck had broken loose.

Leader Durkin and other legislators issued statements denouncing the agreement. Sterigenics is seen by many locals as an untrustworthy bad actor. Doing deals with companies like that is never going to be an easy sell, and it’s even more difficult when a company jumps the public relations gun. People felt like chumps.

The back and forth escalated in the news media and on social media until the governor’s office eventually issued a press release which called on Leader Durkin to draft a new bill “that will fix the perceived shortcomings of the legislation that he sponsored.” Pritzker said he would call a special legislative session to allow for an immediate vote.

Durkin, in turn, claimed Pritzker was trying to “fast track” the plant’s reopening and demanded the governor write his own bill and call a special session.

So, are we really heading for a special legislative session this summer?

Right now, this looks like show business. Just some political posturing for member and constituent management purposes while both sides attempt to pick their way through the news cycles and social media furor.

I think the key here is DuPage County State’s Attorney Robert Berlin. The prosecutor took a strong public stance against Sterigenics when he and the attorney general filed suit last year. Berlin joined Illinois Attorney General Kwame Raoul in the consent order, saying it goes “above and beyond the most restrictive regulations in the country.” Berlin could be the local voice of reason, although he’s up for reelection next year, so we’ll see how far ahead of this he wants to get.

I don’t think anyone wants to interrupt their summer with a special session to deal with this mess, but people need to start talking with each other instead of past each other.

…Adding… Expectations are high…


  29 Comments      


*** LIVE COVERAGE ***

Monday, Jul 22, 2019 - Posted by Rich Miller

* Follow along with ScribbleLive


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