UPDATE ON LEGAL MATTERS
By
John Wilmer, Esq.,
General Counsel for theRaymond Proffitt Foundation
1. Valley Creek Coalition v. DEP and Vanguard (Environmental Hearing Board)
The Raymond Proffitt Foundation is a member of the Valley Creek Coalition (VCC) which includes the Valley Forge Chapter of Trout Unlimited, West Chester Fish, Game & Wildlife Association, Green Valleys Association, Open Land Conservancy, The Schuylkill RiverKeeper Network, and the Pennsylvania Environmental Defense Fund.
VCC is currently appealing the issuance of a storm water permit to Vanguard allowing it to dump storm water into the Valley Creek Watershed, in Chester County. VCC opposes this permit because it will cause loss of base flow to the watershed, as well as cause erosion. VCC argues that DEP should have considered the long term and cumulative impacts on the watershed before issuing this permit.
Vanguard has filed two legal motions to dismiss the case and VCC is currently responding to those motions.
2. Raymond Proffitt Foundation and Lehigh River Stocking Association v. U.S. Army Corps of Engineers (Federal Court)
The Foundation and the Lehigh River Stocking Association are asking the Court to order the U.S. Army Corps of Engineers (Corps) to change its minimum releasepolicy to provide for more water in the Lehigh River during the drier months, usually July to September. Studies have shown that the Corps' policy is harming the aquatic life in the river. The Corps refuses to change its policy, and expects to be paid for providing such environmental protection.
Both sides have just filed numerous legal arguments based on the Administrative Record, which is five boxes full of documents. We are waiting for the judge to issue a decision, although she may require oral argument before a decision is reached.
3. 60 Day Notice of Intent to Sue DEP and CONSOL Coal Co.
The Foundation has sent a 60 Day Notice of Intent to Sue to DEP and to CONSOL Coal Co. for harm to Enlow Fork from underground longwall mining. Enlow Fork is a stream between Washington and Greene Counties. CONSOL has collapsed portions of the stream, turning riffles and runs into ponds, and thus adversely affecting the aquatic life.
We are waiting for studies of Enlow Fork to be completed before filing a lawsuit. The lawsuit will most likely occur in the Washington County Court of Common Pleas.