Exceptional Value Stream in Northeast PA May Face Renewed Threat from Surface Mining

Center and its client engaged once again in Lehigh Asphalt permitting process

After successfully representing the East Penn Concerned Citizens (“EPCC”) in a permit challenge before the Pennsylvania Environmental Hearing Board, MAELC and EPCC continue to follow Lehigh Asphalt’s application for a surface mining permit and a National Pollution Discharge Elimination System permit. The Board had revoked Lehigh Asphalt’s original permits issued by the Pennsylvania Department of Environmental Protection (“DEP”) in 2004 for a failure to perform the appropriate nondischarge alternative analysis for discharges into the exceptional value stream, Lizard Creek. Pennsylvania recently proposed for comment and public hearing a slightly revised version of the permits. In February 2007, members of EPCC attended the public hearing and MAELC submitted comments on the draft permit. Specifically, MAELC criticized DEP’s failure to follow another and more recent MAELC decision in Blue Mountain Preservation Association, Inc. v. Commonwealth of Pennsylvania, which places more of a focus on Pennsylvania Code Chapter 93 antidegradation requirements. Also, MAELC commented on DEP’s failure to follow antidegradation requirements and best management practices. Antidegradation is the requirement to maintain and protect existing uses of a waterbody and the level of water quality necessary to do so.  Currently, MAELC and EPCC are awaiting a response by DEP to its comments and to find out whether DEP will issue a new permit to Lehigh Asphalt despite its shortcomings.