Westwego's complicated relationship with a controversial chemical storage facility has developed a new wrinkle now that the company must seek a zoning variance to move forward with a planned $6 million expansion. A lawsuit filed by Blackwater New Orleans LLC to force Mayor John Shaddinger to allow the expansion was shot down in 24th Judicial Court last week. The...
Westwego's complicated relationship with a controversial chemical storage facility has developed a new wrinkle now that the company must seek a zoning variance to move forward with a planned $6 million expansion.
Westwego Mayor John Shaddinger A lawsuit filed by Blackwater New Orleans LLC to force Mayor John Shaddinger to allow the expansion was shot down in 24th Judicial Court last week.
The company sued Westwego last month to force Shaddinger to reinstate a permit that allowed the company to add more than 16 million gallons of diesel fuel to its storage facility on LaBauve Road. Shaddinger pulled the permit after learning that the expansion would run afoul of city regulations related to how closely petroleum products can be stored near homes and businesses.
Shaddinger also notified the company that they needed a "letter of no objection" from the Westwego City Council to proceed. The council will consider approving that letter at its Oct. 11 meeting.
In their lawsuit, Blackwater officials argued that Shaddinger lacked the authority to unilaterally revoke the permit, and the company questioned the city's entire zoning process. But on Sept. 7, Judge Patrick McCabe decided that Shaddinger acted correctly, and the company must follow his instructions, according to court records.
Francis Marrocco, Blackwater's chief operations officer, said the company has already begun the process to get a variance.
"We're working with the city as we already do," Marrocco said.
However, Blackwater faces an uphill battle in acquiring a variance, as the city's procedures for issuing variances have been criticized by Westwego residents for years.
In their lawsuit, Blackwater officials said that when they asked about getting a variance, they were told to apply directly to the council, despite the fact the council is supposed to hear appeals from the city's two zoning boards. Westwego residents have complained that the city basically has a prohibition on all variances, whether they be for fences, carports or chemical storage. However, Marrocco said his company is not concerned about the situation.
"We're going to let this process stand on its own," he said. "Whatever happens, happens."
The expansion process has been full of twists, turns and delays. The council initially approved the expansion as long as Blackwater complied with all federal, state and local guidelines. But when company officials requested the permit on Aug. 10, they say they were told by Westwego Building Official Leslie Lombas that Shaddinger had asked that the permit not be released, according to court records.
Shaddinger denies instructing Lombas to withhold the permit, adding that he thought the company agreed to delay getting a permit until after he could hold a special meeting for residents to learn about the plan. When residents failed to convince the council to withdraw its approval at that Aug. 16 meeting, Shaddinger ordered the permit issued the next day. But, he then reversed course again on Aug. 18.
Councilman Larry Warino accused Shaddinger of grandstanding to present himself as the savior of the city. Warino, who voted against the expansion, said that for months the mayor never told the council that he opposed the proposal, but has now positioned himself as a staunch opponent. Warino also was angry that Shaddinger's actions led to a costly lawsuit, when he could have just asked the council to oppose the expansion from the beginning.
"If he didn't want the tanks he should have lobbied the council and been a leader," Warino said.
Shaddinger said that once he learned in August how much fuel was going to be stored by Blackwater, he was uncomfortable with the expansion. But, he said that when he finally revoked the permit it was due to city's guidelines, not because he opposed the council's approval. He added that residents are concerned about public safety and he shares their concerns.
"Whatever you're doing it has to be safe," he said. "If the neighbors and the community do not want it, I'm going to side with public safety."