PENNSYLVANIA (February 27, 2024) – On Saturday, the Pennsylvania Department of Environmental Protection (DEP) published the final guidance on using underground boring technology (“trenchless” technology) such as horizontal directional drilling (HDD) to build gas pipelines and other underground utilities. The guidance lays out a roadmap to less-risky pipeline construction practices. The guidance stems from a legal appeal of Mariner East II pipeline permits by Clean Air Council, Delaware Riverkeeper Network, and Mountain Watershed Association. 

Also announced last week, the Pennsylvania Public Utility Commission (PUC) released a final rulemaking intended to improve safety in the construction and operation of pipelines, such as the Mariner East lines, transporting hazardous liquids through Pennsylvania. Hazardous liquids pipelines will now be subject to Pennsylvania-specific regulations as well as federal Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations. These new regulations come after an in-depth review of pipeline safety measures in Pennsylvania, prompted in part by a lawsuit filed by residents before the PUC. The “Safety 7” lawsuit alleged that the safety risks associated with the Mariner East pipelines violated residents’ rights. Clean Air Council filed as an intervenor in safety-related cases before the PUC, and supported residents in their advocacy efforts to gain greater public safety protections. The new regulatory framework corrects some of the prior loopholes and lessens the risks to residents of the Commonwealth.

“DEP’s trenchless technology guidance and the PUC’s hazardous liquids safety rule are some of the strongest and most protective in the country when it comes to safeguarding the public and the environment,” said Alex Bomstein, Clean Air Council Legal Director. “Our commonwealth is overdue for these protections as fracking runs rampant and the industry clamors for more pipelines for transport. The Council will continue to watchdog the gas industry and ensure that these rules are followed and the public is protected.” 

“Because Mariner East largely does not transport gas for energy production but “natural gas liquids,” which are used mostly for plastic production, it fell outside of many of the rules governing gas lines,” said Melissa Marshall, Mountain Watershed Association Community Advocate. “This lack of oversight caused countless harms and we hope this guidance will prevent such catastrophic damage in the future.”

Delaware County resident Rosemary Fuller, who was involved in the Safety 7 case, stated that, “hazardous liquid pipelines put residents at risk, especially when they run through densely populated areas, next to schools and hospitals, or through areas where residents source their drinking water from private wells, which are impacted by HDD drilling. The DEP and PUC rulemaking is long overdue, and these new regulations must be strictly enforced.” 

The latest spill on the Mariner East pipeline system was reported this week in Marsh Creek State Park in Chester County where drilling fluid used during construction of the pipeline once again rose up in a wetland and flowed into a tributary to Marsh Creek Lake. 

“This is just one example of how the damage to the environment doesn’t end when the drilling ends,” said Chester County resident Christina DiGiulio, “these corporations need to be held fully responsible for their crimes.”   

Environmental Protection Agency sides with Environmental Integrity Project, PennFuture, Clean Air Council and objects to U.S Steel Edgar Thomson’s Title V permit as it was not in compliance with the Clean Air Act

PITTSBURGH, PA, Feb. 12, 2024 – In another step to help protect Mon Valley residents from harmful air pollutants, the Environmental Protection Agency (EPA) has again sided with environmental groups by issuing an order objecting to an air quality permit issued by the Allegheny County Health Department (ACHD) to U.S. Steel on the basis that it was not in compliance with the Clean Air Act. This time, the EPA objected to the permit issued to U.S. Steel’s Edgar Thomson facility by ACHD in August 2023.

In September 2023, environmental groups submitted a petition to EPA requesting it object to the Title V air quality permit issued to U.S. Steel Edgar Thomson by ACHD. In the petition, environmental groups argued that the Title V permit did not include monitoring and testing requirements sufficient to assure compliance with multiple air quality emissions limitations for multiple emissions sources, and improperly eliminated certain emissions limitations.

On February 7, 2024, EPA issued an order granting all of the petitioners’ claims and objecting to the Edgar Thomson Title V permit on those grounds. In its order, EPA requires ACHD to revise the permit and/or permit record in accordance with its decision. 

This marks the second occasion in recent months that environmental groups have successfully petitioned EPA to object to deficient Title V permits issued by ACHD to U.S. Steel facilities in the Mon Valley. In October, EPA issued a similar order granting the majority of petitioners’ claims relating to insufficient monitoring and testing requirements and objecting to the U.S. Steel Clairton Coke Works’ Title V permit issued by ACHD.  

The U.S. Steel Edgar Thomson Plant is an iron and steel making facility with a history of noncompliance with air pollution regulations and a major source of air pollution in Allegheny County.  Pollutants of concern emitted by the facility include particulate matter, sulfur dioxide, carbon monoxide, nitrogen oxides, volatile organic compounds, and hazardous air pollutants, among others.    

“We are thrilled EPA ordered the Health Department to make all 10 changes we requested so that this massive polluter no longer has a permit full of loopholes,” said Lisa Hallowell, Senior Attorney with the Environmental Integrity Project. “The permit now must be revised to require monitoring to assure compliance with permit limits, which will benefit public health and the environment throughout the Mon Valley.” 

“Ensuring that industry polluters comply with permit limits is necessary to protect Allegheny County residents from harmful air pollution,” said Angela Kilbert, Senior Attorney for PennFuture.  “EPA’s order directs ACHD to ensure that this Title V permit has air quality monitoring and testing requirements sufficient to assure U.S. Steel Edgar Thomson operates in compliance with its emissions limits.” 

“Mon Valley residents shouldn’t have to put up with some of the worst air in the country,” said Alex Bomstein, Clean Air Council Legal Director. “Through air quality monitoring and testing requirements, EPA’s orders will help to ensure that the facility operates within the law, which is key to protecting residents from harmful pollution.”

PHILADELPHIA, PA (February 7, 2024) – Responding to overwhelming scientific evidence, the U.S. Environmental Protection Agency (EPA) has acted to protect public health by lowering the annual standard for ambient air concentrations of fine particulate matter, commonly known as soot or PM2.5. These tiny particles, with diameters 30 times smaller than a human hair, can be absorbed through the lungs directly into the bloodstream, leading to respiratory and cardiovascular injuries and premature death. Growing evidence also links exposure to increased risk of dementia. EPA last reduced the standard to 12 from 15 µg/m³ over a decade ago, leading to considerable health improvements and corresponding economic benefits. 

Matt Walker, Clean Air Council Advocacy Director, issued the following statement:

“Today’s announcement from the EPA is a significant win for public health and will allow millions of Americans to breathe easier. By reducing the annual National Ambient Air Quality Standard (NAAQS) by 25 percent, EPA will be saving tens of thousands of lives per year, protecting children, the elderly, and people in overburdened communities from lasting health harms. This standard will also save billions of dollars from associated health care costs and lost work days. In Pennsylvania, we anticipate substantial air quality improvements in the seven counties that are not in attainment of the new standard.

However, since there is no safe level of PM2.5 exposure, we call on EPA to soon further reduce the annual standard. Reducing the standard to the World Health Organization’s suggested 5 µg/m³ limit would save an additional 40,000 lives and billions more dollars. EPA should also reduce the 24-hour standard, which would mean less severe daily spikes in soot exposure. The U.S. can lead the way in further improving our air quality, resulting in thriving, healthy communities.”

Pedestrian mini grant projects

Philadelphia, PA (January 4, 2024) –  Feet First Philly (FFP) is Philadelphia’s only pedestrian advocacy group dedicated to protecting the rights of pedestrians and is a project of the Clean Air Council. In partnership with Philadelphia’s Department of Public Health Division of Chronic Disease and Injury Prevention, FFP supports projects that will improve Philadelphia’s public spaces with mini-grants of up to $2,000, making them safer and more accessible to pedestrians. The Public Space Enhancement Mini-grant program is now in its fourth year and will fund 21 projects in 2024, the largest set of projects the group has awarded since 2020 when the program was launched.

“This is the first year we are able to fund almost half of the applications we received, and this has a lot to do with the commitment of our partners from the Health Department and everyone that donated to our fundraisers,” said Titania Markland Transportation Outreach Coordinator at Clean Air Council. “We are excited to see these projects installed because they will make great improvements to these public spaces, and improve safety and accessibility for all pedestrians.”

“We at the Health Department are so pleased to be able to support Philadelphians’ visions for safer, cleaner, greener, more connected and more walkable communities,” said Dr. Kinnari Chandriani, Director of the Health Department’s Division of Chronic Disease and Injury Prevention. “The Surgeon General has identified a nationwide epidemic of loneliness and isolation. These community-led public space enhancements address that problem head-on, bringing neighbors together to improve and enjoy our outdoor environments.”

Projects for this year’s Public Space Enhancement Mini-grant program fall into five categories. Below are a few examples of these projects, and a full list can be found below.

  • Greening projects – projects that make improvements to community green spaces and gardens. Nicetown-Tioga Improvement Team RCO (NTIT) project will transform overgrown, abandoned lots into sacred art parks with monthly clean ups, tree planting, and programming to activate these community green spaces in North Philadelphia.
  • Infrastructure and Cleaning – projects that improve mobility by making the walking space more accessible and more appealing. Hunting Park Neighborhood Advisory Committee’s project will support block ambassadors by providing tools and equipment to conduct regular block clean ups in the Hunting Park Neighborhood.
  • Programming and Public Art – activating a space and including programs and activities. Original American Foundation’s project will use a community garden space in Southwest Philadelphia to teach gardening skills to kids and young adults.
  • Lighting and Security – Installation of lights to make spaces more visible and safer at nights. Friends of Campbell Square will install cafe style lighting along the southern part of Campbell Square to improve visibility in that area.

The complete list of organizations that will be receiving funding are:

  1. Asociación Puertorriqueños en Marcha
  2. Nicetown-Tioga Improvement Team RCO
  3. Mantua Civic Association
  4. Frankford Community Development Corporation
  5. Tacony Community Development Corporation
  6. Germantown Residents for Economic Alternative Together
  7. Hunting Park Neighborhood Advisory Committee
  8. Klean Kensington
  9. Hunting Park Green
  10. 58th Street Neighbors
  11. Susquehanna Clean Up/Pick Up Inc
  12. Friends of Campbell Square
  13. Original American Foundation
  14. Greater Philadelphia Asian Social Service Center
  15. Belmont Alliance Civic Association CDC
  16. Exhibit A Art Design
  17. Do Moore Good
  18. Wynnefield Heights Community Association
  19. Community Alliance for Development
  20. Disney-Nichols AME Church
  21. Friends of Carrol Park 

All of the funded organizations and their projects are located in communities that have experienced active disinvestment in their public spaces. Mini-grant recipients were selected because of their innovative and inspiring community-led proposals that address the challenges of increasing pedestrian access, reducing violence, and improving safety in their respective neighborhoods. 

“With this grant, we will finally be able to begin our community garden project for the community,” said David Ly from Greater Philadelphia Asian Social Services Center. “This Garden will help revitalize the area, make use of vacant land, stimulate community engagement, and become a source of joy for many.” 

“We welcome the opportunity to work with Feet First Philly to promote health and safe travels for pedestrians,” said Judith Robinson from Susquehanna Clean Up/Pick Up Inc. “We look forward to a project that can be of value citywide. This grant will allow our community to use a neighbor/ peer approach to problem solving.”

Clean Air Council has been monitoring the proposed KeyState to Zero project since it was announced in 2022. The idea of Pennsylvania-based businessman and KeyState CEO, Benjamin “Perry” Babb, the project garnered attention as the first facility proposed in Pennsylvania that would combine fracked gas drilling with onsite carbon capture and sequestration (CCS). The facility will also manufacture ammonia and other chemicals that have a variety of uses, such as fertilizer. 

The November 2021 Infrastructure Investment and Jobs Act included $8 billion for the U.S. Department of Energy to provide funding to establish six-to-ten regional hydrogen hubs, among which there must be at least one dedicated to fossil-based production of hydrogen coupled with CCS technology. Babb has long campaigned for KeyState to Zero to be used to attract federal funding to the area. On October 13, 2023, the Department of Energy announced the selection of seven regional hydrogen hubs to enter negotiations to finalize project details and the potential to be awarded funding. KeyState to Zero is listed as a project under the Appalachian Hydrogen HUB (ARCH2) that would span Pennsylvania, Ohio, and West Virginia. 

The Council has created a fact sheet, to share as a tool to provide information about the project. We also continue to monitor developments now that the hydrogen hubs have been announced.

For more information about this proposed facility, contact Susan Sunhee Volz, Advocacy Coordinator, at svolz@cleanair.org

PHILADELPHIA, PA (November 3, 2023) –  The Philadelphia LNG Export Task Force approved a report on Wednesday that did not address concerns raised by potentially affected residents, stressed economic benefits of building an LNG (liquefied natural gas) export terminal that are not aligned with LNG market predictions, and called for changes in state and federal law to support the LNG industry. The report also failed to address multiple obstacles discussed by Representative Joseph C. Hohenstein, which could render any LNG export terminal in Southeast Pennsylvania legally, technically, and economically infeasible, including the surge in the supply of LNG for export and the anticipated decline in European demand.

In Fall 2022, the Pennsylvania General Assembly voted to form the Philadelphia LNG Export Task Force to address the “existing obstacles, economic feasibility, economic impact and the security necessities” associated with turning the Port of Philadelphia into an LNG export terminal. At the time, the Council, joined by several community and environmental groups, asked that the Task Force include local community members instead of only governmental and industry representatives. The Task Force did not listen to this request. Although a 2016 Penn America report analyzed building an LNG project on the Chester waterfront and the company had engaged in related clandestine discussions with elected officials in Chester and Harrisburg, even some Task Force members were at first unaware they would be primarily evaluating the Chester location rather than focusing solely on Philadelphia.

Chester residents, who have long fought for environmental justice, as their families are sickened by a concentration of polluting industries, have opposed any potential new industrial facility and the overall lack of transparency. Several community leaders were denied the opportunity to speak at the Task Force’s April meeting focused on security concerns. In August, residents showed up in force to a public hearing in Chester to unequivocally state that LNG and other harmful industries were not welcome. They stated that they are unwilling to pay the health cost from increased pollution, endure the risk of catastrophic explosions seen at other facilities, or accept the destruction of over 800 homes and community institutions to build a buffer around the site. 

Joseph Otis Minott, Esq., Clean Air Council Executive Director and Chief Counsel, released the following statement:

“Cramming a dangerous LNG export terminal into our Southeastern Pennsylvania riverfront risks the health and safety of many surrounding neighborhoods, and the financial stability of our region.The terminal would lock the region into dirty and outdated fossil fuels for decades, further fueling the climate crisis when we know we need to be cutting climate pollution as much as possible. Simply put, the LNG Task Force Report is gas industry marketing propaganda that is out of touch with the community’s priorities and economic realities. The Council lauds Representative Hohenstein for consistently seeking transparency from the Task Force and championing public input in the conversation.”

Pennsylvania has the fourth-highest energy related emissions in the country with coal and gas-fired power plants being the largest individual industrial climate polluters in the state. Producing electricity accounts for more than a fourth of Pennsylvania’s greenhouse gas emissions. For many years, Clean Air Council has been a major player in forcing power plants to reduce their emissions and suing to prevent the building of new fossil fuel plants. Not an easy thing to do in a state like Pennsylvania which has strong political support for coal and fracked gas.  

The U.S. Environmental Protection Agency (EPA) recently proposed new national carbon emission  standards for coal and gas-fired power plants. This new proposed rule would eliminate 617 million metric tons of total carbon dioxide (CO2) through 2042, equivalent to reducing the annual emissions of nearly half of all passenger vehicles in the United States. It is estimated it would prevent about 1,300 premature deaths, prevent more than 300,000 cases of asthma attacks, and prevent more than 800 hospital and emergency room visits each year. 

The proposed new rule is a historic step in limiting the carbon emissions that fuel climate change as well as reducing other harmful chemicals emitted along with carbon dioxide. However, in order to achieve the greenhouse gas reductions needed to meet our climate goals and avoid the most catastrophic effects of the climate crisis, EPA must strengthen the proposed rule.

The rule’s suggested  limits for gas-fired plants is based on the low emissions produced by using hydrogen or carbon capture and sequestration. There are many ways to produce hydrogen, including using natural gas which is very energy intensive. EPA needs to specify that only hydrogen produced with 100% renewable energy, known as green hydrogen, should be used. Hydrogen produced using natural gas will create more greenhouse gas pollution when we need to be reducing it.

EPA also needs to create strict rules around the transport and storage of captured CO2 to ensure these emissions do not leak into the atmosphere. Safe, secure, and permanent underground carbon storage has yet to be proven at commercial scale, so EPA must require that companies that generate carbon share the responsibility for ensuring these sequestered emissions don’t end up leaking into the atmosphere, and the long-term liability for any harms from future leakage. 

While the rule rightly requires strong pollution standards at power plants that operate at a high amount of their full capacity, it should also include power plants that operate at less than full capacity, commonly referred to as “peaker plants.” These plants only operate during periods of high electricity demand, use highly polluting fuels like oil, and many are sited in Environmental Justice (EJ) areas that already struggle with air quality and environmental injustice. 

The proposed rule has huge implications for Pennsylvania’s energy emissions. Comments are open until August 8th. The Council sent an action alert to encourage members to comment on the rule that provides talking points and we encourage you to use our digital platform to submit your comments and share the link with your friends. As part of the comment period, the Council also testified at an EPA public hearing about the rules.This is why we need you to submit a comment to the EPA about the proposed rule

To learn more about EPA’s proposed rule, contact Advocacy Coordinator Susan Volz at svolz@cleanair.org

air pollution

In advance of imminent EPA proposed rules, organizations call for new carbon pollution standards for new, existing power plants

HARRISBURG, PA — Today, a coalition of 23 clean energy, environmental justice, and climate action organizations working in Pennsylvania sent a letter to the Environmental Protection Agency (EPA) calling on the agency to accelerate efforts to cut pollution in the nation’s electricity sector and establish robust carbon pollution standards for new and existing power plants. 

The letter calls for the EPA to take three key steps:

  • Set ambitious carbon pollution standards for new and existing power plants under sections 111(b) and 111(d) of the Clean Air Act.
  • Set other EPA pollution standards that reduce conventional air and water pollutants and improve public health.
  • Implement the Inflation Reduction Act effectively, efficiently, and equitably.

The electricity sector represents America’s second-largest source of carbon pollution and the Pennsylvania power sector is currently the third-highest polluting in the country, emitting nearly 80 million metric tons of CO2 in 2021 alone. Moreover, in 2020, Pennsylvania recorded the highest amount of premature deaths per capita caused by air pollution in the entire country. 

Cutting climate pollution from the power sector would be a linchpin for cleaning up pollution across all economic sectors. Success in decarbonizing buildings and transportation by electrification is dependent on the electricity cars and homes run on being clean energy. 

The EPA is currently falling behind schedule on seven of ten power sector rules, including carbon standards mentioned in the letter. Absent these actions, modeling shows the administration will fall short of President Biden’s climate targets. As the largest near-term opportunity to reduce emissions, bold and swift action in the power sector is necessary to ensure healthier communities, lower energy costs, more good jobs, and a sustainable climate, for Pennsylvania and the whole nation.

Read the full letter here

“Pennsylvania families and communities need the EPA to move further and faster to reduce carbon pollution and deadly soot, smog, and mercury from our power plants. Pennsylvania is one of the largest electricity producers in the country, and two-thirds of our power is still generated by fossil fuels,” said Joseph Otis Minott, Executive Director and Chief Counsel of Clean Air Council. “President Biden entered office with a bold commitment to clean up the power sector, and now is the time to act.”

“Pennsylvania Interfaith Power & Light is happy to join alongside our partners in delivering this letter to the Environmental Protection Agency. The sacredness of people and planet is a value held in common across many religious traditions. Pennsylvanians of faith want to see bold climate action from the Biden administration,” said Katie Ruth, Executive Director, Pennsylvania Interfaith Power & Light. “Cutting pollution in the power sector and expanding clean energy efforts is an urgent and moral necessity. The commitments in the Inflation Reduction Act are a step in the right direction, but not enough. It is critical that its implementation is administered well and accessible to the communities who need it most. This is an opportunity to protect our communities, prioritize our health, and preserve a livable planet.” 

“Rural communities in Pennsylvania have been burdened with polluted air and water for decades,” shared Ethan Story, Advocacy Director with the Center for Coalfield Justice. “The Biden administration has a generational opportunity to reduce climate pollution from power plants, enhance public health, reduce energy costs for consumers, and help create a more just transition for underserved communities. We need this Administration to act now.”

“It’s time for the Biden administration to take action to cut pollution in the power sector and deliver on their clean energy agenda. This letter sends a clear message to the administration that bold action in the fight against the devastating effects of climate change is popular and supported in the Commonwealth of Pennsylvania,” said Justin Balik, Evergreen Action state program director. “The Biden administration has an opportunity to reduce health and financial impacts on consumers, as well as support the creation of a just, thriving and inclusive clean energy economy.”   

The letter’s signatories represent the wide range of organizations working in the state, including national environmental organizations, environmental justice advocates, faith-based groups, the public health community, outdoor conservation organizations, clean energy campaigners, state and local groups, and more — coming together to combat the effects of climate change on the health and safety of Pennsylvania communities.

FOR IMMEDIATE RELEASE
Contact: Alex Bomstein, Legal Director, Clean Air Council, abomstein@cleanair.org

Jessica O’Neill, Senior Attorney, Citizens for Pennsylvania’s Future, oneill@pennfuture.org; Leigh Martinez, Director of Communications, Citizens for Pennsylvania’s Future, martinez@pennfuture.org

Robert Ukeiley, Senior Attorney, Center for Biological Diversity, 720-496-8568, rukeiley@biologicaldiversity.org 

Renovo Energy Center Will Not Be Built

After many years of community opposition and nearly two years of litigation, the residents of Renovo can breathe easier.

Today, the Bechtel Corporation announced that it is withdrawing its plan to develop a fracked gas-fired power plant at the former rail yard in Renovo Borough, Clinton County. 

In 2021, Clean Air Council, Citizens for Pennsylvania’s Future (PennFuture), and the Center for Biological Diversity lodged their appeal of the DEP air quality permit for the Renovo Energy Center, which would have been built just feet away from the homes and businesses of the environmental justice community of Renovo, in North Central Pennsylvania. The groups objected to the permit because it allows illegal levels of air pollution, ignored environmental justice concerns and the health costs to society in issuing the permit, and for several other deficiencies spelled out in the Notice of Appeal

In August 2022, the environmental groups won  some of their challenges to the permit before the Pennsylvania Environmental Hearing Board. The Board granted partial summary judgment on the issues of the illegal sulfur dioxide and volatile organic compounds limits in the permits. That means that the environmental groups proved, without needing a trial, that DEP broke the law when it allowed the power plant to emit such high pollution levels. High levels of sulfur dioxide can cause health problems, including hurting lung function, causing wheezing and shortness of breath. Volatile organic compound pollution may irritate people’s eyes, nose, and throat, increase cancer risk, and damage the central nervous system. The Board’s opinion is here

Now, the developers behind the facility have announced that they have chosen to end their attempts to build this fracked gas plant.

“Bechtel’s decision to cancel this dangerous plant is a crucial win for the health, welfare and safety of the residents of Renovo, who have been peddled lies about this project’s purported benefits and illegally cut out of the permitting process,” said Joseph Otis Minott, Executive Director and Chief Counsel of Clean Air Council. “Pennsylvania’s economic growth depends on a clean energy future and will not be achieved by pumping millions of tons of air pollution every year right into the heart of communities like Renovo.”

“Our lawsuit was about protecting Pennsylvania and this environmental justice community from the additional pollution burdens that this plant would have imposed,” said Jessica O’Neill, Senior Attorney at PennFuture. “It is a win for Renovo and for all Pennsylvanians when we realize that the fracked gas industry doesn’t make sense – from an economic, energy, or environmental health perspective. We will continue to push back against facilities and industries that threaten the health of our communities, our workers, and the sustainable energy future that Pennsylvanians want and that our children deserve.” 

“The cancellation of this proposed fracked gas burning power plant helps move us forward to a future powered by wind and solar power,”  said Robert Ukeiley, an environmental health lawyer at the Center for Biological Diversity. “Every step away from fossil fuels is a step toward averting both climate disaster and the biodiversity crisis.”

“As a great-grandparent, I’m grateful that this power plant didn’t come to fruition because we are now able to protect what is most important – the health of our children,” said Sue Cannon, co-founder of Renovo Residents for a Healthy Environment. “I opposed the power plant  because I was thinking about the children in this community, especially my great-grandchild, and what the pollution would do to their health. After all, children are our most precious assets.”

“This decision gives us great hope for the future of Renovo’s health, quality of life, and future prosperity,” said Maureen Ruhl, co-founder of Renovo Residents for a Healthy Environment. “We look forward to building Renovo’s future with a vision based on tourism, our natural resources, recreation, and our railroad history – all of which we hold dear.” 

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Clean Air Council is a member-supported, non-profit environmental organization dedicated to protecting everyone’s right to a healthy environment. The Council has offices in Philadelphia, Pittsburgh, and Wilmington, and works through public education, community advocacy, and government oversight to ensure enforcement of environmental laws. For more information, please visit www.cleanair.org.

PennFuture is leading the transition to a clean energy economy in Pennsylvania and beyond. We are protecting our air, water and land, and empowering citizens to build sustainable communities for future generations. Visit www.pennfuture.org.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.

pipeline construction

HARRISBURG, PA (February 22, 2023) – Today, the Pennsylvania Supreme Court handed down a major decision in two suits where the public sought reimbursement for legal costs in environmental cases: the Clean Air Council, the Delaware Riverkeeper Network, and Mountain Watershed Association v. DEP and Sunoco Pipeline and Gerhart v. DEP and Sunoco Pipeline cases.

The Supreme Court’s decision reversed a lower court ruling that had put up a major barrier to reimbursement of legal costs for environmental lawsuits brought by non-profits and residents.  Now, members of the public, who are harmed by permits allowing industrial activities, and who successfully appeal those permits, are more easily able to get reimbursement of their legal costs. The reimbursement can come not only from the state, who issued the permit, but from the company holding the permits, and profiting from the permitted activity. Legal experts, fees, and other costs necessary for these cases can easily reach tens or hundreds of thousands of dollars, and the cases can go on for years or even decades, making appeals like this out of reach for most absent the ability to recoup costs. 

The decision is a victory for the environmental organizations, who had sought but been denied reimbursement for their legal costs from Sunoco Pipeline, the builder of the controversial Mariner East pipelines. It is also a victory for the Gerhart family, landowners along the pipeline route who stood up to the company and also had success at the Pennsylvania Environmental Hearing Board.

“Today’s ruling from the Pennsylvania Supreme Court is a huge win for the public,” said Joseph Minott, Executive Director and Chief Counsel of Clean Air Council. “Too often, when members of the public have been harmed by big polluters, they are unable to afford legal support. Today’s ruling makes it easier for the public to be compensated for their legal costs when their lawsuits are successful. This opens the door for the public to finally have their day in court and for justice to be restored.”  

Melissa Marshall, Community Advocate with the Mountain Watershed Association stated, “We are pleased with the decision for two reasons. Not only does it remedy a bad standard, but it also clarifies, for the first time, that it is the permittees – often exploitative industries, such as mining and fracking — and not just the taxpayers, who should bear the financial burden when environmental groups bring protective lawsuits.” 

“Today’s decision appropriately recognizes the significant role that citizen objectors play in the vindication of environmental rights and the General Assembly’s laws protecting the public natural resources. This ruling helps support legal action against bad permitting decisions, and holds accountable the parties who stand to benefit financially from those decisions,” said Kacy Manahan, Senior Attorney for the Delaware Riverkeeper Network.

“Today’s opinion shows that Pennsylvanians who enforce the Clean Streams Law have a voice and that applicants who submit faulty permit applications to DEP can be held responsible for their sloppy or incompetent work,” said Rich Raiders, attorney for Stephen and Ellen Gerhart, Huntingdon County landowners who won a fee award from DEP, but not Sunoco, in a case decided with the Clean Air Council matter in today’s opinion. The Gerharts successfully challenged a wetlands determination on their Huntingdon County property where Sunoco was required to remediate a parcel of forested wetland disturbed during construction.

In March of 2022, Clean Air Council, Mountain Watershed Association, and the Delaware Riverkeeper Network petitioned the Pennsylvania Supreme Court to overturn that lower court decision, which made it nearly impossible for residents or advocacy organizations to be compensated for their legal expenses from the permit holder when appealing a DEP permit. The Commonwealth Court decision affirmed the Environmental Hearing Board’s decision that denied the groups’ request for Energy Transfer (Sunoco Pipeline’s parent) to compensate parties for their legal fees stemming from an appeal of Sunoco’s Mariner East 2 pipeline permits.

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