Hennepin County staff monitored activists opposing waste incinerator

Hennepin County government staff tracked the movements and communications of environmental justice activists campaigning to close the Hennepin Energy Recovery Center, according to newly released emails. The facility burns 365,000 tons of trash annually and is located in low-income neighborhoods that residents say suffer from its pollution.

The Zero Burn Coalition, the Minnesota Environmental Justice Table, and other advocacy groups obtained the correspondence through a Freedom of Information Act request. They published a report detailing how the county used its staff to gather intelligence on the activists' strategies and personnel.

A central figure in the alleged operation was Joe Vital, whom the county hired in 2021 as its environmental engagement coordinator. Vital had previously served as the chair of the Minnesota Democratic-Farmer-Labor Party Native Peoples Caucus and worked with local activists on the Line 3 pipeline. The report notes that many in the environmental justice community considered him an ally.

In June 2023, advocates held a public Zoom meeting to plan their next steps. Although such meetings are open to the public, organizers typically screen attendees to identify industry or political opponents. Angie Timmons, a county environmental department manager, saw the invitation and asked Vital to join. He subsequently compiled a dossier listing participants, including a sitting state representative and a former city council member, along with their planned activities.

The dossier was sent to Rosemary Lavin, the director of the county's energy and environment department. Emails show supervisors planning to meet to discuss the findings and report them to Lisa Cerney, a top public works official who reports directly to political leadership. Cerney has made public statements supporting the incinerator.

MNEJT executive director Nazir Khan stated that organizers would have recognized Vital's name during the screening process. When activists confronted Vital, he claimed he was working for them to gather intelligence on county officials. Khan said Vital described the arrangement by saying, "You have to offer a pound of flesh to maintain inside the room." Khan added that the group does not believe Vital is on their side.

The emails also show information reaching industry stakeholders. In March 2024, county employee Mallory Anderson, who had joined the advocates' email list without their knowledge, forwarded organizing messages to David McNary. McNary sits on the board of the Minnesota Resource Recovery Association. He feared a community-backed bill that would allow cities to phase out polluting land uses could affect the incinerator and other industrial facilities in the state.

McNary forwarded the emails to an industry attorney and Tim Steinbeck, president of the HERC operator, the next day. Steinbeck replied that the bill would be detrimental and urged representatives to testify against it. The bill was defeated.

At a board meeting this week, Minneapolis organizer Audua Pugh asked county leaders why public resources were being used to monitor residents organizing against the aging trash burner. She stated the facility should have closed nearly a decade ago.

Hennepin County said in a statement that the allegations mischaracterize its community engagement work. A spokesperson called the actions ordinary functions of government, noting that working together does not mean agreement on every issue. The county, which has 9,000 employees, relies on people seen as part of the community to build relationships and pass information up the chain.