Illinois Environmental Council

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 Illinois Environmental Council

Some of the more than 250 attendees applaud a candidate’s remarks. In the foreground is a table of Sierra Club members.

From left to right: Charles Twichell, Adreinne Meisel, Pollution Control Board Member Tanner Girard, and IEC/IECEF President-Elect Rand Sparling enjoy the forum.

Forum Moderator Bruce DuMont

Jim Ryan is currently the Attorney General of Illinois, and prior to that he was the DuPage County State’s Attorney from 1984-1994.

Pat Quinn is the Democratic candidate for Lieutenant Governor and was previously the Illinois State Treasurer. Rob Blagojevich is a U.S. Representative for Illinois’ 5th District and served as a State Representative from 1992-1996.
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Lisa Madigan is currently a State Senator for the 17th District and was formerly in private practice for the law firm of Sachnoff & Weaver, Ltd.

John Kinsella is the First Assistant State’s Attorney of DuPage County. Joe Birkett has been the DuPage County State’s Attorney since 1996 and prior to that was the Assistant State’s Attorney for DuPage County.
2002 Candidates Forum Luncheon
September 28, 2002
Some of the more than 250 attendees applaud a candidate's remarks. In the foreground is a table of Sierra Club members.

On September 25th, more than 250 people turned out for the Illinois Environmental Council's Candidates Forum Luncheon at the Union League Club of Chicago. They were treated to a great lunch and an even better two hour discussion by the Gubernatorial and Attorney General candidates about environmental issues. For the candidates, it was an opportunity to educate the attendees about their records and plans on environmental issues, and to ask for support.

In the Attorney General's race, the crowd heard from Lisa Madigan, the Democratic candidate, and John Kinsella, the First Assistant State's Attorney of DuPage County, representing Joe Birkett, the Republican candidate, who was unable to attend. Then Pat Quinn, the Democratic candidate for Lieutenant Governor spoke, representing Rod Blagojevich, the Democratic candidate for Governor, who was in Washington D.C. on congressional business. Finally, Jim Ryan, the Republican candidate for Governor addressed the audience.

Each candidate was asked to make a five minute opening statement, and then respond to a series of questions asked by the moderator, noted political commentator and journalist Bruce DuMont, host of the nationally syndicated talk show "Beyond the Beltway." Then each candidate made a three minute closing statement.

The Gubernatorial candidates were asked five questions on the following topics:
* What action will they take to require the older, dirtier coal-fired power plants to be cleaned up?
* Do they support and would they sign legislation protecting wetlands?
* Do they support reauthorization of the Open Lands Trust?
* Will they act to restore the cuts made to the portion of the real estate transfer tax that funds open space acquisition?
* What action will they take to reform the Toll Highway Authority?

The Attorney General candidates were asked four questions on the following topics:
* Do they support legislation to deny pollution permits to repeat offenders?
* Do they support legal action challenging the Bush Administration's proposed weakening of the New Source Review provisions of the Clean Air Act?
* Would they allow citizens to intervene in cases when the citizens had brought a law suit before the AG's office acted?
* Would they continue to uphold the State's authority to protect Illinois waters?

Following are excerpts from the comments and responses the candidates made at the Forum. They have been edited for length.

The Illinois Environmental Council would like to thank our Co-Host for the Forum, the Union League Club of Chicago; the Luncheon Chairs, Elizabeth Penesis and Jo Patton; and the event's Sponsors, Benefactors and Patrons:

Gold Sponsor
Tony Dean

Silver Sponsor
The Nature Conservancy

Benefactor
Environmental Law and Policy Center
Gordon & Nancy Goodman, Pierce Downer's Heritage Alliance
Jasculca/Terman and Associates
Liberty Prairie Foundation
Eleanor K. Roemer
Sierra Club, Illinois Chapter
Rand Sparling, Sierra Club, Illinois Chapter
Sustain

Patron
American Lung Association of Metropolitan Chicago
Delta Institute
Doug Mains
Elizabeth A. Penesis


Jim Ryan, Republican for Governor

When I was State's Attorney of DuPage County, I sued to close the Mallard Lake and Green Valley Land fills when I thought that they were inconsistent with the mission of the Forest Preserve, I sued to close them and did. When I was State's Attorney, I worked with the Speaker, Denny Hastert, and the people of West Chicago to target Kerr McGee Corporation because of the radioactive thorium spills that may have caused cancer and certainly a health risk to the people of that community.

In my current job as Attorney General, I started Illinois' first environmental crimes bureau to target environmental offenses. We have dramatically increased the number of cases we've brought. We bring on average about 256 environmental cases every year, civil and criminal cases every year, which is a 44% increase over my predecessor.

We sued Nicor over the mercury spills, successfully. We sued Clark Oil over the problems that they've had at their refinery, and we obtained a $6.2 million dollar civil penalty and injunctive relief, and ultimately it closed. We sued Shell Oil in Wood River, in the Metro East area, over air pollution, and we obtained a two million dollar fine, and $500,000 went to the Illinois Conservation Foundation to buy wildlife habitat in the Metro East area. We sued Abbott Labs over water pollution discharge. They paid a $400,000 civil penalty, $200,000 of which went to the Conservation Foundation to buy a wetland habitat in Lake County. We sued Lockformer more recently in Lisle over land and ground water contamination.

As governor, I want to improve the quality of our air and the quality of our water, and I want to use my best efforts to increase the use of renewable energy sources like wind and solar.

I support open space. My new initiative would spend $250 million over 5 years to buy more open space which I do think is very important for recreation and for quality of life.

On Cleaning-up the old Coal-fired Power Plants:

I do support setting up a timetable that will ultimately bring all of these plants into compliance, but I do think we have to be somewhat realistic about how we go about doing that, especially in central and southern Illinois in particular, they really have been ravaged by the economy and the loss of jobs, particular in that area. So, I do think we have to be sensitive to that, but at the same time, we do have to ultimately have compliance because clean air is very important. I'll make sure that we eventually bring them into compliance which I think is important.

On Wetlands Protection:

I would support trying to craft legislation to protect at the state level these isolated wetlands. Obviously, I would have to see the legislation, but I'd be willing to try to work towards having legislation that would substitute what we've lost at the federal level.

On Reauthorizing the Open Lands Trust:

It's a rather ambitious plan, but it's I think doable. It would require selling $50 million in bonds every year for 5 years, and perhaps more than that, but it would come from the sale of bonds, and we will find the money. Now, do I think that this is maybe more important than protecting the lives of people, I can't say that, or their health, but I do think that this is very important and I will make a good faith effort to try to meet my commitments.

On Restoring the Real Estate Transfer Tax Cut:

We will work to restore, when I'm elected, the $12 million in the annual funding for OSLAD and natural areas acquisition.

On Renewable Energy and Energy Efficiency:

I would certainly be willing to explore [energy efficient building codes and appliance standards] and consider that because we don't currently have those standards. And, as far as meeting these [renewable energy] guidelines, I support them, and I would encourage ComEd and others to do more to assure me and perhaps require that they meet certain goals.

On the Toll Highway Authority:

I do support a moratorium until we get the auditor general's report. I think it's unrealistic that we're going to do away with the toll highway authority or tolls. What I would require is that first of all that we appoint good professionals. My appointments at the toll highway authority will be driven by professionalism, not by political expediency.

I do think there has to be more oversight, I do believe that the public has to be a part of the process. If tolls are going to be increased, and at some point they will have to be, the public has to have real input, and the toll highway authority has got to take those things into consideration before they think about raising tolls.

Let me just tell you this, I'll remind you that Hickman and Kotlarz went to jail, and that investigation was prompted and opened by my office when I was State's Attorney.


Pat Quinn, Representing Rod Blagojevich, Democrat for Governor
We need a Governor who is going to fight hard for that fundamental right in the Illinois Constitution, the right of citizens to a clean environment. That's where Rod Blagojevich stands and will stand with respect to his appointment power on these very sensitive positions. We need new tollway board members who are committed to the environment, and Rod Blagojevich is committed to doing that.

There's a law in Illinois that requires our state to move toward renewable energy. We need a governor who is committed to doing that, to make sure that state resources are available for doing that.

In Illinois we do need to deal with a fundamental health issue, and that is emissions from fossil fuel plants. This is to me, and I think Rod Blagojevich, both of us agree, one of the leading issues in our state, we have too many children, too many people with asthma, the leading cause of children missing school in our state is asthma.

We want to have clean coal technology in Illinois that allows us hopefully to use Illinois coal in these power plants that are engaged in emissions control that meet all the standards that we consider to be proper and healthful.

Those who would seek a water pollution permit should have to pay for it. Right now they don't, this should be the law in our state, we need to address that, and Rod Blagojevich is on that particular issue.

With respect to one bill, banning the sale of mercury in thermometers, Rod Blagojevich favors that bill. If it takes the governor to tell the senate to vote on the bill, then so be it.

[Rod Blagojevich and I] want to be the strongest advocates of Illinois environment that this state has ever seen.

On Cleaning-up the old Coal-fired Power Plants:

The answer is yes with respect to modern emission standards. You need to have an EPA director who will fight hard for strong, tough standards that will reduce the number of premature deaths and asthma. We are going to deal with this particular health issue, get tough standards to protect the environment and protect the health, particularly of young children, and at the same time encourage the big power companies to engage in the kind of clean coal technology that uses coal that doesn't have such egregious effects.

On Wetlands Protection:

The answer is yes on that, that is a commitment of Rod Blagojevich's with respect to the wetlands of our state and indeed there are a number of areas that are not meeting standards with respect to their water quality.

You need to have a law, with respect to protection. And if federal law is not available, then state statutes will have to control.

On Reauthorizing the Open Lands Trust:

The answer is support for extending the program, it's a successful program, with respect to the Land Trust obviously we need funds, a source of funds in order to continue its good work. I think that the Trust has been successful. Using a portion of the real estate transfer tax is something that should continue; this needs to be extended.

On Restoring the Real Estate Transfer Tax Cut:

Rod Blagojevich favors continuing modest use of the Real Estate Transfer tax in order to invest in the Open Lands Trust. That has to be attended to by the General Assembly. The Governor can provide the leadership there.

On Renewable Energy and Energy Efficiency:

Energy efficient codes for appliances, for buildings, for all structures, they're extremely important. We obviously want to have those standards to encourage the market to be green, to be more energy efficient. I think that those standards, Rod Blagojevich has taken a strong position in favor of those.

On the Toll Highway Authority:

I'm not for any extension of any tollway anywhere in Illinois. That agency has to contract, not expand its empire, and Rod Blagojevich is of the same point of view.

We need to have honest people, men and women committed to the public interest, to the transportation interests of this region, and to the environment to clean that agency up. We need a clean sweep there, people who committed not to expanding that empire, but really to reforming the tollway from top to bottom, and I've been appointed by Rod Blagojevich to be the point man in that mission, and we will carry it out.


Lisa Madigan, Democrat for Attorney General
Protecting our environment means making sure that we are aggressively enforcing those laws.

I pledge to take forceful action in court and out of court to protect and to clean up our air and land and our water.

I bring to the job of Attorney General a broad perspective on the threats to our environment as well as the difficulties we're experiencing in effectively addressing those threats.

I have consistently been a strong advocate for increased environmental protections and measures to promote more sensible growth and development in Illinois. I have sponsored a number of conservation and environmental protection measures including imposing fees on water pollution permits. I also have sponsored legislation that requires emissions inspections for heavy vehicles. In addition I was a sponsor the legislation that eliminated the use of MTBE as a fuel additive in Illinois so as not to degrade our water supply.

As a member of the appropriations committee, I have been a vocal proponent of funding that would benefit our environment. This includes supporting funding for the Illinois Rivers 2020 project as well as supporting high-speed rail.

With each major environmental lawsuit, there is a real opportunity for the Attorney General to explore ways to devote settlement dollars to conservation efforts, or to require Supplemental Environmental projects, such as projects designed to clean up rivers or to promote renewable energy.

On Denying Pollution Permits to Repeat Offenders:

We need to couple vigorous enforcement along with strong and clear laws to crack down on repeat polluters. The law should allow IEPA to deny permit requests from habitual polluters. I think that would be very sufficient means to punish those habitual polluters.

On suing to stop the Bush Administration's Proposed Changes to New Source Review:

[The New York Attorney General] has said that if the bush administration moves ahead on those recommendations he will in fact oppose those in court. As Attorney General I would be delighted to join him in that effort, because I am committed to aggressively opposing any attempts to weaken the new source review provisions by fighting them both in court as well as at a rulemaking level.

On Citizen Law Suits and Intervention:

As Attorney General I pledge to support the rights of citizens and of public interest groups to intervene to the fullest extent possible. We are going to make sure that the Attorney General's office prior to settling a suit will contact citizens in the community that is impacted because we want to make sure that we gain input on some of the creative resolutions to these suits that I mentioned before such as Supplemental Environmental Projects, that we can use to benefit the communities that have been hurt by this illegal pollution.

On Upholding State Authority to Protect Illinois Waters:

Yes. Both Attorney General Neil Hartigan's opinion and the more recent letter drafted by Attorney General Jim Ryan clearly state that the state government has broad power to protect the waters of the state of Illinois, and that's both public waters and most non-public waters.

As Attorney General I pledge to continue to take action that is entirely consistent with those broad interpretations of Illinois law.


John Kinsella, Representing Joe Birkett, Republican for Attorney General
Since Joe's been States Attorney of DuPage County he has been involved in the prosecution of a civil case against Nicor, as you all know from the Mercury contamination, [and] the Lockformer case in Lisle which involved the TCE contamination of people's well waters.

We've also been involved in the prosecution and litigation against Kerr McGee in West Chicago involving thorium. We've also been involved in litigation with the City of Chicago over O'Hare and noise pollution and the ability of our children attending school in the areas of DuPage County affected by the airport, and were been able to secure relief for them as a result of the environmental impact they suffered attending school near the areas of the airport.

Joe Birkett is not speaking about things that he might do, wants to do or will do, Joe Birkett can talk about what he has done. In DuPage County Joe Birkett has pursued the protection of the interests of approximately one million people, and DuPage County I think has a fine record for trying very hard to keep open space and recognize that quality of life has more to do with the environment than any other issue perhaps outside of the ability to support your family.

The issues of protection of the environment are very personal for Joe. I know that Joe's favorite activity, and his son Nick's favorite activity is fishing, that's what he and his son do when they have the time. In fact when he decided to run, he had to promise his son Nick that as he traveled the state of Illinois, he could go with him and they would bring their fishing poles. So when it comes to protecting the waterways and the environment of the state, it's a personal issue for Joe.

On Denying Pollution Permits to Repeat Offenders:

I think there's no question that the best test of someone's future performance is their past performance. I believe that Joe would support reasonable legislation that would correlate an examination of their history to the permitting process.

Joe would be open to that common sense approach that we learn by experiences with companies that if they have that sort of history, that is certainly a very relevant issue.

On suing to stop the Bush Administration's Proposed Changes to New Source Review:

Joe's position would be that he would very seriously examine any action by another Attorney General and consider challenging those rules. But the first and foremost question is, is there a legal basis to do that, and until you actually see it, and read it, and analyze it, you have to reserve your judgment as a reasonable attorney addressing this issue, and if Joe Birkett determined in his independent judgment, regardless of whether this is coming from the Bush administration or from anyone else, that this is in violation of the law, and it is not in the best interests of the citizens of the state of Illinois, he would certainly consider pursuing legal action.

On Citizen Law Suits and Intervention:

Joe Birkett, as he does with the crime victim in a criminal case, would certainly feel an obligation to not only sit down and get input from that victim but also discuss what legal strategies or remedies he would pursue. Those people who are most affected or have great interest in these issues should be at the table and should be heard, and Joe Birkett would be committed to doing that as he has in so many thousands of other cases.

Those people who have an interest will be heard, and to the extent that they could be involved and intervene, he would support that, but certainly he would recognize that as the Attorney General he ultimately has the responsibility to act in the best interests of the citizens of the state of Illinois, and that is what he's committed to doing..

On Upholding State Authority to Protect Illinois Waters:

We all know, and it's only common sense, that it isn't just about navigable waters or the main rivers. Any pollution that enters the environment, be it on land or be it some stream or in some stagnant body of water has an impact. I think that's the common sense approach that I understand was conveyed in Attorney General Hartigan and Attorney General Ryan's opinions, and that's certainly an opinion that Joe Birkett would share. The state has a responsibility to all its citizens and to all of the state, not just simply those portions that are open to the public.