Court Rulings Restore Appeals of Compressor Station Air Permit

(WEST ROCKHILL TOWNSHIP, PA – June 16, 2021) A pair of Pennsylvania Commonwealth Court decisions yesterday restores the rights of neighbors to a pipeline compressor station and its host municipality to get a full hearing on their challenges to an air permit for the polluting facility. The Pennsylvania Department of Environmental Protection had issued the air quality permit for the Adelphia Gateway Pipeline project’s compressor station in West Rockhill Township, Bucks County. The Township and neighbors appealed the permit, but the Pennsylvania Environmental Hearing Board (EHB) threw out their appeals, saying only the federal appellate courts could hear the cases. The Commonwealth Court disagreed, returning the cases to the EHB where they can proceed toward hearings.

Clean Air Council, PennFuture, Fair Shake Environmental Legal Services, and Mountain Watershed Association filed friend-of-the-court (amicus) briefs with the Pennsylvania Commonwealth Court in support of both appeals, arguing that state law gave appellants the right to a trial where they can put on evidence and have a judge weigh the new evidence. 

“We are delighted that West Rockhill Township and the neighbors will get their day in court,” said Joseph Otis Minott, Executive Director and Chief Counsel of Clean Air Council. “The Commonwealth Court preserved people’s right to a full hearing where they can challenge dangerous projects like the Adelphia compressor station.”

“This is an access to justice win. This decision gives people potentially affected by compressor stations a place to seek full and critical review of each proposal and its impacts. Industry should expect Pennsylvanians to do just that.” Emily Collins, Executive Director and Managing Attorney, Fair Shake Environmental Legal Services.

“Pennsylvania has entrusted the Environmental Hearing Board to give full review of environmental permitting actions. Today’s decision puts that authority back with the Board and ensures that Pennsylvanians who are harmed by these actions have their rightful day in court,” adds Abigail M. Jones, PennFuture’s Vice President of Legal & Policy.  

The opinion in the Cole case is here and the opinion in the West Rockhill Township case is here. The groups’ legal filing can be found here.