Moroun sues to stop the NITC and 10,000 Michigan jobs. When is enough, enough?

Lawyers for Ambassador Bridge owner seek to block rival bridge permit

Written by
Todd Spangler
Detroit Free Press

WASHINGTON — Lawyers for Ambassador Bridge owner Manuel (Matty) Moroun asked for a preliminary injunction today to block the U.S. Coast Guard from issuing a permit for a proposed Detroit River span.

Moroun’s lawyers filed the request in U.S. District Court in Washington, saying that it recently came to their attention that the Coast Guard may be intending to issue a navigation permit soon for the New International Trade Crossing.

The lawyers have maintained throughout their years-long legal battle over the proposed bridge that both the U.S. and Canadian governments granted the owners of the Ambassador Bridge an exclusive franchise that can be overridden only by acts of each country’s legislative bodies.

“The basis for the preliminary injunction sought in this motion is simple: The Coast Guard is violating plaintiffs’ franchise rights and constitutional rights, and is causing plaintiffs irreparable harm right now,” the lawyers wrote U.S. District Judge Rosemary Collyer in Washington. “As plaintiffs have shown elsewhere … the construction of (the new bridge) will make it impossible for plaintiffs to build their proposed twin span.”

Moroun has been trying to get permission to build a second span for the 85-year-old Ambassador Bridge for some years, but the Canadian government, Michigan Gov. Rick Snyder and many local corporate leaders have thrown their support behind the NITC.

A hearing on the motion is expected in early April.

Originally posted by the Detroit Free Press

Ambassador Bridge Homes: The Affiliates

By Claire Brownell

Normally, finding out who bought a property, when and for how much is as simple as a trip to the land registry office, a computer search and an $8 fee. Ambassador Bridge owner Matty Moroun makes it a lot more complicated than that.

When the bridge company buys property in Windsor, a lawyer, a numbered company or one of Moroun’s many trucking and real estate companies almost always makes the initial purchase. The affiliate who made the initial buy then usually transfers the property to another affiliated company, and often yet another one after that. Moroun will also frequently combine and divide the registration numbers used to identify and search the properties at the land registry office, making it difficult to figure out whether the record is for one property or many and where it’s located.

Usually, the transfers among affiliated companies are for $0, but sometimes the documents will indicate that money changed hands, often hundreds of thousands of dollars. Moroun pays cash most of the time, but he has taken out large mortgages on some of his industrial and commercial property through DuraRock Underwriters, yet another affiliated company.

Michael Lamb, a real estate law professor at the University of Western Ontario, said this is legal and not particularly unusual. Selling the properties from one affiliated company to another can trigger a tax benefit, taking out mortgages can free up cash the business can use elsewhere and having a numbered company or lawyer hold property in trust helps keep the real ownership private, he said.

In order to determine the extent of Moroun’s real estate holdings in Windsor, The Star had to link each of the companies and lawyers whose names appear in the ownership histories back to the bridge company. Here’s the full list.

Residential properties

The following companies turn up in the ownership history of Moroun’s residential real estate in Sandwich:

The Canadian Transit Company – The Canadian arm of the bridge company. The CTC is listed as the current owner of the majority of the bridge company’s Windsor property.

2087341 Ontario Inc. – This numbered company appears in a single property purchase: 2856 Riverside Dr. W., the former Villa Maria nursing home. The administrator of 2087341 Ontario Inc. is Michael Carlone, according to a corporate search. In 2006, when the numbered company bought the former Villa Maria, The Star reported that Carlone was an employee of Warren-based Central Transport Inc., one of many companies owned by bridge owner Matty Moroun. In addition, one of the company’s directors is Peter Farah, who is also a director of 2094422 Ontario Ltd. and Central-McKinlay International Ltd.

Canbri Properties ULC – This company appears in the ownership history of just one property: 759 Mill St., an apartment building at Rosedale Avenue. 608261 Ontario Inc., another Moroun-affiliated company, purchased the building in 2007 and transferred it to Canbri Properties ULC in 2009. A corporate search lists Sandi Villeneuve, an employee at the Moroun-affiliated companies Central Transport, Advanced Border Processing Centre and Custom Services International, as the person authorized for filings.

608261 Ontario Inc. – This numbered company was listed as the owner in most of the bridge company’s property purchases from 1996 to 2006, especially purchases on or near Indian Road. A corporate search names bridge company president Dan Stamper as the president of this company.

2094422 Ontario Ltd. – Directors of 2094422 Ontario Ltd. include Michael Carlone, Peter Farah – who is also a director of the Moroun-affiliated companies 2087341 Ontario Inc. and Central-McKinlay International Ltd – and Robert Michael Lysy, who is listed as the buyer on 11 Sandwich property purchases from 2006 to 2007. The bridge company often transfers properties along the Bloomfield Road rail corridor to this numbered company. 2094422 Ontario Ltd. also tried to buy a downtown parking garage near the Windsor-Detroit tunnel in 2006, but Toronto developer Fercan Developments Inc. outbid it.

Robert Michael Lysy – Lysy is listed as the buyer on 11 Sandwich property purchases from 2006 to 2007. Lysy is also a director of 2094422 Ontario Ltd. Lysy later transferred all of those properties to either 2094422 Ontario Ltd. or 608261 Ontario Inc. for $0.

Brian McCutcheon – A lawyer with the Toronto law firm Himelfarb Proszanski LLP. McCutcheon is listed as the initial buyer on 12 Sandwich properties purchased between 2004 and 2007. From Dec. 23 to Dec. 24 of 2008, he transferred all of those properties to either 2094422 Ontario Ltd. or 608261 Ontario Inc. for $0.

David Himelfarb – A lawyer with the Toronto law firm Himelfarb Proszanski LLP. Himelfarb is listed as the initial buyer on 12 Sandwich properties purchased between 2006 and 2007. From Dec. 23 to Dec. 24 of 2008, he transferred all of those properties to either 2094422 Ontario Ltd. or 608261 Ontario Inc. for $0.

Peter Proszanski - A lawyer with the Toronto law firm Himelfarb Proszanski LLP. Proszanski is listed as the initial buyer on 12 Sandwich properties purchased between 2006 and 2008. From Dec. 23 to Dec. 24 of 2008, he transferred all of those properties to either 2094422 Ontario Ltd. or 608261 Ontario Inc. for $0.

Tonya Mah/Tonya Hall – There are references online to a lawyer by the names of both Tonya Mah and Tonya Hall with the Toronto law firm Himelfarb Proszanski LLP. Tonya Hall is listed as the initial buyer on 10 Sandwich properties purchased in 2006. Tonya Mah is listed as the initial buyer on three properties on Bloomfield Road and College Avenue in the spring of 2007. All of these properties were later transferred to either 2094422 Ontario Ltd. or 608261 Ontario Inc. for $0.

Industrial and commercial properties

The following companies turn up in the ownership history of Moroun’s industrial and commercial real estate in Windsor:

DuraRock Underwriters Ltd. – The vast majority of Moroun’s real estate transactions are done with cash. However, he has taken mortgages out on a few of his industrial and commercial properties in Windsor through DuraRock Underwriters Ltd. The address listed for the company on the mortgage documents is the same as the address for bridge company headquarters. Matty Moroun’s son Matthew is chairman of the similarly named DuraRock Reinsurance.

Central-McKinlay International Ltd. – Central-McKinlay is the name of one of Moroun’s trucking companies. A corporate search for this company names Peter Farah as the administrator of Central-McKinlay International Ltd. Farah is also a director of the Moroun-affiliated numbered companies 2087341 Ontario Inc. and 2094422 Ontario Ltd. and has a LinkedIn profile where he identifies himself as the chief financial officer of the bridge company.

MJM First Ltd. Partnership – A corporate search lists this company’s address as 12225 Stephens Rd. in Warren, Mich., which is bridge company headquarters.

5973 Corp. – An agent of MJM First Ltd. Partnership, according to a corporate search. MJM and 5973 Corp. often appear in the ownership histories as joint owners.

Mohawk Service Corp. – One of Moroun’s trucking companies.

Properties Management Inc. – A property transfer document describes Properties Management Inc. as a “general partner as to a 1% interest carrying on business as MJM First Limited Partnership.” The address listed is the same as the address for bridge company headquarters in Warren, Mich.

Transportation Assist Corp. – This company appears in the ownership history of a single property at Industrial and Ambassador Drives. The address listed in the property transfer document is the same as the address for bridge company headquarters in Warren, Mich.

Truck Realty LP – According to property documents, Truck Realty LP is the name the Canadian Transit Company and Central-McKinlay International, Ltd. are using for “carrying on business in partnership.” Truck Realty LP appears in the ownership history of property the bridge company owns at Devon Drive, just east of the Devonshire Mall.

Sandwich Entity – This company appears on property documents for commercial land the bridge company owns at 4000-4020 Sandwich St. Sandwich Entity bought the land in partnership with The Canadian Transit Company and Central-McKinlay International Ltd. in 2002.

Universal Am-Can, Ltd. – One of Moroun’s trucking companies.

GLS Leaseco Canada: Some of the property transactions list Universal Am-Can, Ltd. as “Carrying on business as GLS Leaseco Canada.”

Riverside Entity LP –This company appears in the ownership history of some of Moroun’s land on Riverside Drive East. A corporate search lists Central-McKinlay International as general partner and Michael Carlone, who is also a director of companies involved in Moroun’s residential purchases, as signatory.

1552875 Ontario Inc. – This company is listed in the ownership history of 8040 Riverside Dr. E. The company’s address is the same as the address for bridge company headquarters.

Leon Paroian – The late, well-known Windsor lawyer Leon Paroian’s firm facilitated a number of bridge company real estate transactions in Windsor. Paroian is listed as the initial buyer of 7880, 7910 and 7940 Riverside Dr. E. in 2001.

Originally posted in the Windsor Star

U.S. slams Ambassador Bridge owners’ ‘monopoly’ claim, moves to dismiss Moroun argument

By Todd Spangler

Detroit Free Press Washington Staff

WASHINGTON — The federal government moved today to dismiss Ambassador Bridge owner Manuel (Matty) Moroun’s arguments that he has an exclusive franchise to operate a span over the Detroit River, calling it an attempt to claim an “unfettered perpetual monopoly” over a sovereign border controlled by the U.S. and Canada.

In a strongly worded response to Moroun’s complaint against several federal officials, as well as a partnership between the nations and agencies in Michigan and Ontario to construct a new publicly owned span, federal lawyers slammed the bridge owner’s claims as “nothing more than an attempt to rewrite the entire history of the Ambassador Bridge.”

The filing said Moroun wants the court “not only to rewrite the Congressional statutes that authorized the construction and operation of the bridge, but to interfere with the United States’ and Canada’s sovereign powers to establish and maintain border crossings between their two nations.” The filing asks that all the claims be dismissed.

In separate filings, both the State of Michigan and the Canadian government also said any claims against them should be dismissed because they enjoy sovereign immunity and cannot be sued in federal court.

In May, Moroun’s lawyer in Washington asked U.S. District Judge Rosemary Collyer to issue an injunction reversing a U.S. State Department-issued presidential permit for the rival span — the New International Trade Crossing or NITC — which Canada and Gov. Rick Snyder want built two miles downstream from the Ambassador Bridge.

Moroun’s lawyer argued that legislation approved by both Congress and the Canadian Parliament in the 1920s authorizing construction of the Ambassador Bridge gave its owners, then and now, “statutory and contractual franchise rights” to operate the crossing between Detroit and Windsor.

A new bridge — especially one expected to draw traffic away from its span, the busiest border trade crossing in North America — would violate that franchise, the bridge company argued.

But the Justice Department, representing U.S. Secretary of State John Kerry and former Transportation Secretary Ray LaHood, who were among the defendants named in the complaint, said there was “no mention of exclusivity” in the authorizing acts that the bridge company is attempting to claim now.

“In short, Plaintiffs (or their predecessors) had the right in 1921 to build, operate and maintain a bridge in the vicinity of Detroit, and they continue to have that right today,” the response said. “It is not an unfettered, exclusive right in perpetuity.”

Federal lawyers also brushed off a claim that the procedure by which the State Department issued the presidential permit for the NITC in April was unconstitutional, noting that Congress gave it that authorization in 1972 with the guideline that it take “foreign policy and foreign relations” in consideration when making border decisions.

Michigan Attorney General Bill Schuette also filed a response saying the Ambassador Bridge owner has no exclusive right to a bridge over the river at Detroit, adding that the relevant authorization “does not mention a ‘franchise,’ let alone an ‘exclusive’ or ‘perpetual’ one.”

Moroun’s lawyers have been arguing for years that U.S. and Canadian government agencies have been dragging their feet on approvals for a second span Moroun wants to build himself next to the Ambassador Bridge, while aiding the effort to build the NITC. Canada has even promised to pick up Michigan’s $550-million share of the bridge.

Schuette’s office said in its filing that any claims against the so-called partnership created between Canada, Ontario, the federal government and the Michigan Department of Transportation should be dismissed because MDOT, as an arm of the state, enjoys sovereign immunity under the 11th amendment to the U.S. Constitution.

Meanwhile, the Canadian government said in its filing that any claim against it should be brought in Canadian courts, not in the U.S. It also maintained that far from giving the Ambassador Bridge’s owners an exclusive franchise, “A nation’s decision to open its borders to an international bridge is an inherently sovereign power” that can be exercised as the nation sees fit.

“This case is just one piece of a much larger effort by Plaintiffs to … preserve their monopoly profits,” the Canadian filing said.

The Canadian filing also said at least 18 court actions have been initiated by the bridge owners against the new span. Last November, voters in Michigan rejected a referendum pushed by the bridge owners to amend the state constitution to require statewide and local votes before state government could spend any money on any new international bridge.

Ambassador Bridge raises tolls by 20 percent

Bridge toll increasing

WindsorOntarioNews.com

The Ambassador Bridge is raising its tolls again – just over a year since its last toll increase. The new $5.00 per crossing toll takes effect August 15, according to the bridge’s website. Last summer the bridge raised the toll from $4 to 4.75, which was the highest for all bridge crossings between Canada and the United States. Bridge management did not return requests for comment. Last year the bridge’s toll increase made the Ambassador’s toll almost 50 per cent higher than most other international crossings. The next highest was the Detroit-Windsor Tunnel, which is now $4.50 Windsor to Detroit and $4.75 Detroit to Windsor. Both the tunnel and bridge offer discounts with special travel cards. Prior to the previous bridge increase all other crossings in Ontario were under $3.50 with the cheapest being the Thousand Islands Bridge near Kingston at $2.50. According to the Public Border Operators Association 4.8 million passenger vehicles crossed the bridge last year. Year to date traffic until June showed traffic had increased 2.87 per cent – or more than 66,000 vehicles – over the first six months of 2012.

Moroun Gas Station Settles Lawsuit For $100,000+

A company in the Matty MOROUN portfolio has paid the Michigan Department of Agriculture and Rural Development (MDARD) $100,000 to settle a lawsuit over gas sales that allegedly violated state law.

A settlement agreement effective Feb. 1, 2013, stipulated that Ammex pay MDARD a $100,000 economic benefit fee within 30 days. MDARD spokeswoman Jennifer HOLTON said the fine had been paid. It goes to the department’s gas inspection fund.

The original violations, documented through samples taken from 2009 to 2012, were twofold.

One was higher-than-normal vapor ratings during the summer months, which meant more fuel vapor was entering the air, negatively affecting the environment.

The other violation had to do with octane levels: Ammex pumps were selling fuel with lower octane than advertised. Premium gas, for example, was labeled at 93 octane but really measured 91.4 octane during a May 2012 inspection.

After the company failed to respond to a stop sale order issued June 21, 2012, MDARD filed suit (See “Ag Department Pops Moroun For Selling Substandard Gas,” 10/25/12).

The settlement, which was executed in February, extends until 2016. If MDARD finds additional violations in this time period, the department can enforce those, as well. However, an MDARD inspection in June of 2013 determined the company was in compliance.

Under the agreement, MDARD will be allowed to view and copy all the paperwork related to receipt, transfer, delivery, storage and sale of gasoline by Ammex.

The company could also face up to $200,000 in further fines over a series of years if it fails to comply with the settlement agreement.

Ammex in the settlement denied liability in the matter, “as well as the applicability of the Motor Fuels Quality Act to the sale of fuel by Ammex.”

Originally posted by MIRS News.

Moroun loses another one in court

Judge dismisses state rep’s suit challenging new bridge to Canada

By Paul Egan
Detroit Free Press Lansing Bureau

LANSING — An Ingham County judge has dismissed a Democratic state representative’s challenge to Republican Gov. Rick Snyder’s plans to build a new public bridge to Canada.

Judge Joyce Draganchuk said state Rep. Fred Durhal, D-Detroit, lacked standing to bring the lawsuit. That means the judge determined Durhal does not have a strong enough connection to the issue to be an appropriate person to bring the lawsuit.

“I think that was not right,” Durhal said today.

He said part of his argument was that it was wrong for Snyder to go around the Legislature to approve a deal with Canada to build the New International Trade Crossing between Detroit and Windsor. Therefore, any state legislator should have standing to bring the challenge, he said.

Durhal sued in April after Snyder signed an agreement with Canada to build the bridge in May of 2012. Durhal said Draganchuk dismissed the suit two weeks ago.

Snyder acted on his own after he couldn’t get legislation out of a Senate committee to allow for the new bridge.

Durhal, who is running for mayor of Detroit, said he is considering an appeal but is busy with other issues. His Detroit attorney, Godfrey Dillard, could not immediately be reached for comment.

Ken Silfven, a spokesman for Snyder, said the ruling is “a win for working families who will benefit from the thousands of jobs resulting from the NITC.

“This project is important to Michigan’s future and we’ll continue moving forward,” Silfven said.

Snyder was represented in the case by the Attorney General’s Office.

Snyder has made the bridge a top priority, saying it will clear a border bottleneck, facilitate trade and create construction jobs. Most business groups in the state support the new public span.

The bridge is opposed by Ambassador Bridge owner Manuel “Matty” Moroun, who is challenging Snyder’s plans in federal court.

Star editorial: Hazmats on Ambassador Bridge endanger Essex County residents

The Windsor Star

The Michigan Department of Transportation was either arrogant or clueless if it thought Windsor wouldn’t object to trucking hazardous goods across the Ambassador Bridge.

Those hazmats might start their journey in Detroit, but they end up in Windsor — in another country — and we have every right to question their entry.

Despite the cross-border connection, MDOT never thought it necessary to consult with city officials before recommending such volatile substances be allowed on the Ambassador Bridge.

No official contacted Mayor Eddie Francis or CAO Helga Reidel to see if Windsor was equipped to handle a spill or accident. No one extended the courtesy of a phone call to determine how many residents live in the vicinity of a potential disaster. And no explanation was given as to why, after 83 years of banning hazardous materials from the bridge, someone suddenly thought this was a good idea.

In fact, a city council report shows there was no pre-consultation with the Canadian Border Services Agency, Windsor Fire and Rescue, EMS or Windsor police. No input was sought from Queen’s Park, Ottawa, the Windsor Port Authority or the coasts guards on either side of the border.

U.S. Customs and Border Protection was also out of the loop, which is astonishing, given Homeland Security’s fear of terrorist attacks. Explosives on the crumbling bridge might still be banned, but spilled chemicals and fiery fuel tankers can wreck havoc on a community.

The Ambassador Bridge has no water and very few safety capabilities on-site, which makes this arbitrary, ill-informed recommendation by MDOT all the more stupefying.

The department did encourage public “feedback,” and Windsor was quick to provide some. “It’s really important for us to respond because if you are going to change the routing over there you have to consider certain things,” city engineer Mario Sonego said of the proposal.
“What are the risks economically and environmentally? What consultations have you done? It seems to be a one-sided solution, but what about the Canadian side?”

What, indeed. The province and Ottawa must make it abundantly clear to MDOT that this bridge is not capable of safely transporting hazardous materials. It is four narrow lanes, making it almost impossible for responders to manoeuvre if an incident were to occur.

It would also be a tremendous blow to the local economy — on both sides of the border — if the bridge was forced to close because of a spill or accident.

One can only hope that Gov. Rick Snyder will step in to stop MDOT in its tracks. If not, surely Homeland Security will have something to say about the plan.

Ultimately, if all else fails, the Government of Canada must simply prevent those materials from crossing into this country.

There are currently two safe and effective routes for hazardous goods: The six-lane Blue Water Bridge in Sarnia, which is equipped to deal with a disaster, and the Windsor-Detroit Truck Ferry, which has long been the preferred way to ship hazmat goods.

The MDOT recommendation is ill-conceived. Proper consultation would have made that conclusion a no-brainer, but that didn’t happen. Now that the facts are out there, the proposal must be taken off the table.

Moroun throws Hail Mary lawsuit: Last ditch attempt to stop or delay thousands of Michigan jobs

Ambassador Bridge owners file court action to stop rival NITC bridge

WASHINGTON – Ambassador Bridge owner Manuel (Matty) Moroun is again asking the courts to protect his Detroit River franchise, telling a U.S. District judge in the nation’s capital that the State Department had no right to issue a permit for a new rival span.

And he wants it revoked as soon as possible.

Arguing in a 116-page court filing Thursday that the presidential permit issued by the U.S. State Department in April is unconstitutional, the Ambassador Bridge’s lawyer, Hamish Hume, asked for an injunction terminating the permit and “any and all approvals” given to the rival New International Trade Crossing or NITC.

Moroun’s lawyers have been arguing for years in federal district court in Washington that U.S. and Canadian government agencies have been dragging their feet on approvals for a second span the Moroun-controlled Detroit International Bridge Co. wants to put next to the Ambassador Bridge to help the NITC, which has the backing of Canadian officials and Michigan Gov. Rick Snyder.

“The fact that the State Department considered and approved the illegally-executed Crossing Agreement, which directly violated express prohibitions enacted by the Michigan Legislature, is further evidence that defendants are committed to discriminate against the privately-owned New Span (of the Ambassador Bridge) and in favor of the government-owned NITC,” Hamish wrote.

The new legal challenge — which had been widely expected to follow the issuance of the presidential permit on April 12 — comes despite the State Department’s precedent and decades-long history of signing off on international bridges and crossings.

“It’s straight from their playbook. No surprise at all,” said Ken Silfven, a spokesman for Snyder, whose administration is party to the agreement with the Canadian government to build the new bridge. “But the bridge company’s interests are self-serving. We’re looking out for the thousands of Michigan families who need the jobs resulting from the NITC.”

Federal lawyers did not immediately respond to a request for comment. A court response from the government would be expected to be filed before a hearing is held on the Bridge Company’s newly amended complaint.

In the filing, Hume argued that the permit’s issuance was illegal, since the 1972 International Bridge Act gives the State Department no clear principle to apply in deciding when an international crossing should be approved or denied, as required by the U.S. Constitution.

But the State Department has a long history of issuing presidential permits for all kinds of border crossings, including bridges, over the last 40 years, with at least a half dozen coming since 2006.

If the bridge company is successful, it could alter U.S. policy for the approval of international crossings, although some experts believe winning that argument could be a long shot.

In the complaint filed Thursday, the Hume said that even if District Judge Rosemary Collyer finds the presidential permit process to be constitutional, it should still not be allowed in this case because laws passed by Congress and the Canadian Parliament in the 1920s give the Ambassador Bridge owners “statutory and contractual franchise rights” to operate a crossing between Detroit and Windsor, Ontario.

The lawyer also said the State Department, in granting the permit, failed to take into account any new traffic data that would have undermined any case for a new span.

Canadian officials have been pushing for some time to get a new span over the Detroit River and, in recent years, offered to pick up Michigan’s $550-million share of the $2.1-billion overall cost of the NITC.

Snyder — like Gov. Jennifer Granholm before him — has touted what could be thousands of construction jobs at the site. Ambassador Bridge officials say, however, it could reduce their span’s traffic by as much as 75% — and that Canadian officials have long been trying to get hold of the span.

The bridge company’s lawyers are also asking for declaratory judgments stating that the State Department acted outside the scope of its authority by issuing the presidential permit and approving the crossing agreement made by Snyder’s administration and Canada.

Last year, Snyder moved ahead to sign the agreement with Canada under his own executive authority, even though the project was never green lighted by the state Legislature. In the court filing, the Bridge Company’s lawyers argue that the state Legislature had rejected the new bridge project on several occasions and that, given that, “the State Department should not have even considered the Michigan governor’s unauthorized request” for a permit.

Voters rejected a proposal in November that would have amended the Michigan constitution to require a statewide and a local vote before state government could spend any money to build a new international bridge or tunnel to Canada

City warns Michigan officials it cannot deal with hazardous goods on bridge

The Windsor Star

Dave Battagello

The City of Windsor wants more consultation before Michigan allows trucks carrying hazardous materials to cross the Ambassador Bridge, according to a written response provided Monday to state transportation officials in Lansing.

“It’s really important for us to respond because if you are going to change the routing (of hazardous goods) over there you have to consider certain things,” said City Engineer Mario Sonego.

“What are the risks economically and environmentally? What consultations have you done? It seems to be a one-side solution, but what about the Canadian side?”

The Michigan Department of Transportation, following a bridge company request to waive the ban, released an 18-page report a few months ago which includes several recommendations for the bridge, the Windsor-Detroit tunnel and major roads in Detroit leading to the crossings.

Under the recommendations, the bridge would be allowed to move any hazmat material over the crossing with the exception of explosives for the first time in its 83-year history. In some cases, such as with fuel tankers, an escort with flashing lights would be required to accompany trucks carrying the dangerous materials.

MDOT’s deadline for the public feedback period to the recommendations was Monday.

City administrators are upset nobody in Windsor — including fire, police and emergency response officials — have not been asked about the capabilities on this side of the border to deal with an accident involving hazardous goods on the bridge.

Currently, trucks carrying hazardous goods must use the Windsor-Detroit truck ferry or Sarnia’s Blue Water Bridge, which has six lanes and proper equipment to deal with a spill or accident. The aging Ambassador Bridge has no water or little safety capabilities, according to the city.

The city says there were 67 traffic accidents on the Canadian portion of the bridge between 2007 and 2011.

“We know from our statistical data that accidents will occur on the bridge,” said the city’s response, which questioned whether the four-lane bridge has any “safety features” or enough space to allow emergency responders to deal with an incident.

The city also questioned the impact to the local and national economies should a spill or accident involving hazardous goods force a shutdown of the bridge.

“Consideration for any change in classification of materials allowed over the bridge may be premature prior to ensuring there is redundancy in the system,” the city said.

The new six-lane Detroit River International Crossing bridge will be approved and have capabilities to handle trucks with hazardous goods.

Windsor’s fire department is also concerned about access, containment and danger to up to 75,000 residents living near the bridge, according to the city.

Since there were no discussions between MDOT officials and emergency responders, the report makes incorrect assumptions about response capabilities, the city said.

City officials will soon meet with their federal and provincial counterparts regarding MDOT’s recommendation for putting trucks with hazardous goods on the bridge, Sonego said. There has been talk of putting municipal bylaws in place to block movement of such goods to and from the bridge in Windsor, but whatever decisions are made will come jointly from   all levels of government, he said.

Ferry operator Gregg Ward also filed his official response and opposition to MDOT’s recommendation.

He believes the change, in part, is being requested by bridge owner Matty Moroun so that he can move fuel tankers across his own bridge more cheaply in order to fill his duty-free pumps than it is for those trucks to cross at the Bluewater Bridge.

“This seems to be about his duty-free store and getting fuel across cheaper,” Ward said. “Putting critical infrastructure at risk to further pad the wallet of Mr. Moroun to me isn’t in the best interest of the region.”

Ward is also concerned of trucks moving through densely populated neighbourhoods in west Windsor and southwest Detroit instead of the industrial area where they travel today for his ferry — or will in the future with the DRIC bridge. The truck ferry is in the same location as the downriver DRIC bridge.

“Allowing flammable liquids upon the Ambassador Bridge is highly dangerous and should not be allowed,” said Ward in his response. “A search of public records can provide many recent examples of the result of exploding gasoline tankers melting the steel underbelly of highway overpasses and bridges.”

With the public feedback period ending, MDOT must make a decision on its recommendation for hazardous goods on the bridge before June, 2014.