Venetian executives dodge Clean Air Act question

Friday, Jan. 28, 2000 | 11:06 a.m.

Venetian hotel-casino executives say the Las Vegas Convention and Visitors Authority should ask a local environmental group -- not them -- about a Clean Air Act violation complaint that could block construction of major local projects.

David Friedman, assistant to Las Vegas Sands Inc. Chairman Sheldon Adelson, responded Thursday to comments from LVCVA President Manny Cortez accusing Venetian officials of involvement in legal actions that could block construction of a LVCVA convention center expansion.

Las Vegas Sands Inc. is the parent company of the Venetian and the Sands Expo Center, which competes with the LVCVA's convention center.

The Nevada Environmental Coalition gave notice in November to the U.S. Environmental Protection Agency, the state, Clark County, the LVCVA and other agencies that it plans to file suit for violations of the Clean Air Act.

The Clean Air Act stipulates that a 60-day notification must be made prior to any filing.

Cortez told a Las Vegas Sun editorial board meeting Wednesday that "we can't lay that (the complaint) at his (Adelson's) feet, but it's got his fingerprints all over it."

LVCVA officials are suspicious because the Washington law firm that drafted the letter on behalf of the Nevada Environmental Coalition is Patton Boggs, a law partnership that has worked for Adelson in the past.

Friedman declined comment on whether the Venetian is involved in the Clean Air Act issue with the environmental coalition and Patton Boggs.

"They (LVCVA) might want to talk to the people who notified the EPA about it," Friedman said.

Robert Hall, the director of the coalition, could not be reached for comment.

"EPA and Clark County have not met their obligations to provide implementation plans and their attendant protections for the Las Vegas Valley," said the Nov. 8 letter signed by Patton Boggs' John C. Martin and Hall.

"Accordingly, the coalition respectfully submits that none of the projects may proceed."

The letter specifically names the LVCVA's convention center expansion, the MGM Grand-Bally's LLC private monorail project and transportation projects leading to the convention center.

Asked if a Clean Air Act complaint could also stop construction of a proposed expansion at the Venetian, Friedman said he didn't know.

Friedman also said Cortez's fear that the Venetian is gearing to file lawsuits challenging the LVCVA's parking and traffic master plans shows that agency is paranoid.

"We're not here because we enjoy filing lawsuits," Friedman said. "If you look at the three lawsuits pending (one in District Court, one in U.S. District Court and a possible Nevada Supreme Court appeal), they all have one thing in common. It's a fundamental complaint about the way the LVCVA has been run, not as a public agency responsible to taxpayers but as an agency with taxpayers responsible to it."

LVCVA officials believe the flurry of lawsuits is a tactic to block construction of the $150 million, 1.3 million-square-foot south hall addition.

Friedman said the lawsuits are about the LVCVA's performance, not about delaying the expansion.

"The LVCVA is being run like a private fiefdom," Friedman said. "That's always been our argument and our complaint. The LVCVA should be there to help private persons and not to attack them and circumvent laws that apply to everybody else."

Friedman said the fact the LVCVA is even considering a lawsuit against the Venetian proves his case.

"They can try to spin the lawsuit any way they want, but they know they are wrong," Friedman said. "When the government starts suing private citizens, we're all in a lot of trouble."

The LVCVA board of directors authorized Cortez to investigate filing suit against the Venetian to recover more than $10 million in additional costs the agency estimates will be incurred due to the 10-month construction delay.