Delay of environmental court case against Dofasco called 'ridiculous'

The case that has ArcelorMittal Dofasco facing over 13 environmental charges related to emissions from its smokestacks has been pushed back because the government isn't ready.

The Ministry of Environment was scheduled to provide disclosure materials in a Hamilton courtroom Tuesday, but prosecutor Nicholas Adamson said they are still searching for documents related to the caseeven though they have had two months to do so already.

"It's ridiculous," said Environment Hamilton executive director Lynda Lukasik, after watching the courtroom proceedings. "This is incredibly frustrating on the ministry's side as they're the entity pressing the charges."

MOE spokesperson Jennifer Hall told CBC Hamilton thatcompiling documents for"complex cases" like this one takes time.

"The ministry is currently in the process of this finalizing this material," she said.

Dofasco is facing charges for exceeding visible emissions (opacity) levels set by the ministry. Opacity is related to the thickness of the emissions and how much light can pass through them. The charges are in relation to the company's coke-making operations between April and August 2012.

The MOE now has until August 9 to provide all disclosure materials to the defense. The two parties are back in court on Sept. 3.

Dofasco spokesperson Marie Verdun wouldn't say if the company plans to fight the charges.

"We attended court today and the matter was adjourned as the disclosure materials relating to the charges have not yet been produced or provided to us," Verdun said in an email. "As we indicated previously, given that this matter is now formally before the court it would not be appropriate for the company to comment further."

Lukasik says she has been documenting and photographing the emissions for months, and working with concerned residents nearby. She says the holdup is disappointing because the problems will continue as the case is dragged out in the courts.

"This is just for charges from last year," Lukasik said. According to photos she has taken, the problem has not improved since then, she says.

"We just feel this is heading in the wrong direction," she said.

"Our goal is just to get the problems fixed."