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The  two primary goals are to utilize our  legal resources to:

 

1.    Prevent the removal of healthy, non-infested potential host trees;

2.    Secure compensation for property owners whose trees must be removed.

 

Activities to Date. 

In order to maintain the attorney-client privilege and work product privilege, we cannot provide in this forum a detailed summary of all of our activities to date, but we can share with you a few of the activities that we have undertaken:

 

1.    Public Records Request.  On November 16, 2011, we submitted a public records request to both the United States Department of Agriculture and the Ohio Department of Agriculture requesting various documents relating to the ALB tree removal program.  [FOIA]  We have been contacted by representatives of both, and anticipate receiving responsive documents shortly. 

 

2.    Infested Tree Demonstration.  We have been in discussions with both the USDA and Young’s General Contracting with respect to providing a public demonstration of the removal and cutting open of both an infested (red marked) tree and a suspected host (blue marked) tree.  This was suggested by Dennis Young, of Young’s General Contracting, in order to demonstrate his belief that in many cases suspected hosts are actually already infested.  We are currently waiting to hear back from the USDA with respect to this item.

 

3.    Discussion with the USDA.  We have been in contact with representatives of the USDA to begin to discuss chemical treatment alternatives to the removal of non-infested potential host trees.  We anticipate that these discussions will be ongoing during the 30-day comment period for the second Environmental Assessment.

 

4.    Summary of Property Owners Rights & Options.  We have provided for this website a very brief summary of some of the important rights and options available to property owners whose infested trees are being removed.  Homeowner's Rights