Letter to Oregon DEQ regarding breach of PPA

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J. Patrick Lucas

Letter to Oregon DEQ regarding their breach of contract. The case is currently at the Oregon Court of Appeals.

News & Politics

Letter to Oregon DEQ regarding breach of PPA

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This was the initial response regarding the Oregon DEQ fine against Lehman Hot Springs, Lehman Development Corporation and John Patrick Lucas. DEQ's response of this same date stated "DEQ has never asserted a violation of water quality standards, or that Respondents actually caused pollution" I didn't know at the time that I wrote this response that the State of Oregon "Department of Environmental Quality" would actually be truthful for the first time....

Lehman Hot Springs DEQ fine response

J. Patrick Lucas

This is the Closing Arguments and Answering Brief for Lehman Hot Springs, LLC and Lehman Development Corp regarding the Oregon Dept of Environmental Quality "civil" penalty Administrative Hearing. The brief was submitted by Montgomery Cobb as attorney for Respondent's Lehman Hot Springs, LLC and Lehman Development Corporation. Respondent John Patrick Lucas filed his own brief and incorporated the arguments outlined in this response. While this whole fiasco is far from over (it could go on for several more years, depending on the outcome of this hearing) it is somewhat comforting to have the State of Oregon admit in their brief that "DEQ has never asserted a violation of water quality standards, or that Respondents actually caused pollution" In fact they did make this assertion many times and this is yet one more statement that is factually incorrect. Maybe it's just human nature that if you can hide behind Sovereign Immunity you lose your moral compass? Absolute power corrupts absolutely. I will be posting a full chronology with supporting exhibits soon.

Closing Argument Answering Brief Lehman Hot Springs

J. Patrick Lucas

This was my personal closing argument to the $532,000 fine imposed by DEQ against Lehman Hot Springs. In DEQ's response they state "DEQ has never asserted a violation of water quality standards, or that Respondents actually caused pollution" I guess they don't think press releases, posting false statements on the DEQ website, filing civil and criminal charges against me and my companies doesn't qualify as "asserted" It hasn't been fun being tried in the media, especially when they can't back it up. That's what eco-fascists do though.

Closing Argument Answering Brief Lucas Lehman EQC

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This is the estimate to clean up a portion of the Ken Foster Farm site that is contaminated with hexavalent chromium from the Frontier Leather Site in Sherwood Oregon. Several families live on the property and it was just recently approved by the city of Sherwood for a residential subdivision. The chromium contaminated soils are expected to be stockpiled on site next to the storm water outlet to the Tualatin River National Wildlife Refuge. The contaminants will then have a couple feet of clean fill place on top and it will become a public park where children can play.

Matthew Dunn Declaration

J. Patrick Lucas

Oregon DEQ withholds evidence from the public and the court until after the public comment period is over. The public and property owners were told that there was "no risk to human health" until they had their settlement with Wells Fargo Bank, and now they disclose that there is a risk to human health. Unlikely that the 2.6 Million Settlement will be enough to clean up KFF or Frontier Leather sites, besides, the Oregon DEQ will not spend the money on the cleanup, but put it in their slush fund budget. Why make someone with deep pockets pay for the cleanup?

Opposition to Consent Judgment

J. Patrick Lucas

Declaration of John Patrick Lucas

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This is when everything started between DEQ, Lehman Hot Springs and Patrick Lucas. All charges were dropped, but they never stopped their persecution and it continues to this day. Les Carlough later admitted to Dilorenzo that he in fact had known about this and lied to Dilorenzo as that was what he was instructed to do. Carlough also said that DEQ picks a couple of people a year to try and make an example out of. Les Carlough's business card at the time listed him as an attorney. I checked with the Oregon State Bar and he was not a licensed attorney, so he changed his title, as most DEQ "attorney's" now call themselves "environmental law specialist" so that they don't have to be licensed and don't have to abide by normal ethical standards.

Lehman Hot Springs DEQ

J. Patrick Lucas

Motion to Intervene Granted. This was our motion to intervene in a Consent Judgment proposed by the Oregon DEQ on the Frontier Leather site. We were the first successful Intervenor in a Consent Judgment according to Oregon DOJ/DEQ attorneys. The case is currently at the Oregon Court of Appeals. The Oregon State Legislature saw this as so egregious that they passed Senate Bill 476 to reign in DEQ's abuse of power. It passed the Senate unanimously on April 25, 2013 and the House unanimously on June 3 and is headed to the Governor's office.

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Letter to Oregon DEQ regarding breach of PPA

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