EAST ST. LOUIS - U.S. District Judge David Dugan rejected a report by Cahokia Heights on progress toward a consent decree for better sewers and decided to measure it for himself.
On April 1, Dugan gave the city three weeks to file records of attempts to obtain funding to address sewer issues.
He specified records of funds that state or federal sources allocated, applications the city submitted and their status, and further steps the city plans to take to obtain funding.
He also ordered the city to provide the forthcoming consent decree to plaintiffs in his court by May 1.
Dugan advised that if the city can’t provide the decree, the city must explain the reason.
He also asked for a second progress report, and this time he ordered detailed descriptions.
Dugan set a Sept. 30 deadline, stayed his proceedings until then, and advised the city he expected greater progress.
Former Centreville residents Cornelius Bennett and Earlie Fuse, now in Cahokia Heights by municipal merger, sued Centreville and the former Commonfields water system in 2020.
Centreville Citizens for Change and dozens of individuals filed a similar suit in 2021.
Cahokia Heights assumed the defense not only of Centreville but also of Commonfields, which it absorbed through the merger.
Last year, the city moved to stay the proceedings to avoid inconsistent decisions between Dugan and environmental agencies of the state and nation.
The city argued that Dugan would retain control because a decree would need his approval.
He granted a stay for 90 days on Jan. 5 and directed the city to file a status report by Feb. 1.
The report provided familiar facts and vague assurances.
In response, the plaintiffs claimed the report didn’t comply with Dugan’s order.
He didn’t sanction the city, but he found it “evinced too little progress by defendants and lacked sufficient descriptions of their efforts.”