BRISTOL, Va. — Members of the Bristol Virginia City Council received an update Saturday on a lawsuit filed by its sister city Bristol, Tennessee and about their response.
The council met with City Manager/City Attorney Randy Eads for an hour and 40 minutes in a called closed session to review details of the complaint and a companion motion filed May 26 in U.S. District Court in Abingdon.
The meeting was held outside the presence of the public and news media because it involved legal action. No action was taken and a second closed session is scheduled Tuesday at 5:30 p.m.
“We met today in order to review the lawsuit and path forward in order to minimize the litigation expense on the taxpayer,” Eads said Saturday afternoon. “Ultimately, the citizens of both Bristol, Virginia and Bristol, Tennessee, will be paying for this litigation which Bristol, Virginia, is seeking to avoid. Bristol, Virginia, would rather spend money on fixing issues at the landfill instead of spending money on outside counsel who specialize in environmental issues.”
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Concerns over landfill emissions have raged in the Twin City for about a year and a half.
In its complaint and a motion for an injunction, Bristol, Tennessee asked the court to require Bristol, Virginia to begin work immediately to rectify a series of problems at its landfill — based on recommendations made by an expert panel convened by the Virginia Department of Environmental Quality and contained in an April 25 report.
However, Eads notified the state agency May 18 via email that the city had received the expert panel’s report, it received DEQ’s May 6 request for an action plan and that the city “plans to address the panel’s recommendations outlined in the report and have a plan submitted to DEQ on or before July 6.”
“Obviously, Bristol, Tennessee chose to pursue litigation with Bristol, Virginia about the city’s landfill,” Eads said Saturday afternoon. “Many of the items demanded by Bristol, Tennessee would have been covered in the city’s action plan that is due to the DEQ by July 6.”
Additionally, on May 27, Bristol, Virginia sent out a three-page proposed settlement agreement which essentially agrees with the assertions made in Bristol, Tennessee’s complaint, offers to address a number of specific issues — as recommended by the panel as soon as designs can be developed and approved by the state — and to pay Bristol, Tennessee $250,000 toward its legal fees.
Leaders on the Tennessee side have yet to respond to the proposed settlement.
Bristol, Virginia has 21 days from the date of being served with the complaint to file its response with the court. Eads said that response has been drafted and is being reviewed by outside counsel.
Senior Judge James P. Jones has scheduled a hearing on Bristol, Tennessee’s motion for a preliminary injunction on June 21 at 9:30 a.m., in U.S. District Court in Abingdon.
Last week, Virginia lawmakers approved a biennial budget that includes $2 million in funding for the landfill.
Del. Israel O’Quinn, R-Bristol, said their intent — and the language authorizing the payment — is that those funds are to help pay for infrastructure improvements at the landfill not for additional consulting with the expert panel.
In its report, panel members offered to remain available to assist the city with its response.
“What they [panel] have said, I see as the roadmap going forward,” O’Quinn said Friday.
