UPDATE: COURT HEARING HELD ON AUGUST 15, 2024 WITH TESTIMONY FROM RESIDENTS AND ST. LUKES HOSPITAL; NEXT HEARING SCHEDULED FOR SEPTEMBER 13, 2024
A lengthy court hearing was held on the “Declaratory Judgment” case on August 15, 2024, involving the landfill’s attempt to keep the plaintiffs out of court and to dismiss the case. Bethlehem Landfill Company claimed that the individual resident Plaintiffs, St. Luke’s Hospital, Bethlehem Township, and the Delaware and Lehigh National Heritage Corridor, Inc., had no standing to challenge the Township’s purported termination of the Scenic, Conservation, and Woodlands Easements upon lands that the Township then rezoned to allow landfill use. These easements flatly prohibited landfilling.
The parties opposing the landfill expansion argued that the Pennsylvania Donated or Dedicated Property Act granted standing to all Plaintiffs; that the individual Plaintiffs had standing by virtue of being taxpayers and residents; that the Township’s actions purporting to terminate the easements caused substantial harm to the residents’ peaceful use and enjoyment of their property, that the Public Trust Doctrine enabled citizens to enforce environmental protections, and that the Environmental Rights provisions of Article I, Section 27, of the Pennsylvania Constitution conferred standing upon all the Plaintiffs.
Mr. Bruce Petrie, lead Plaintiff, testified regarding harms that the removal of the easements will create, including but not limited to, increased odors, deforestation of the hillside causing stormwater runoff, destruction of wildlife habitat, increase in nuisance vultures, etc. St. Luke’s Hospital provided testimony that the deforestation of the hillside will create damage to the patient experience, patient care, and risks to MedEvac helicopters from bird strikes.
Counsel for the landfill was unable to undermine the credibility of any of the residents’ and hospital testimony, and even agreed that all the individual Plaintiffs would suffer the same harms and impacts as that testified to by Mr. Petrie and therefore were not required to testify. If plaintiff Petrie was granted standing, all would be granted standing.
The hearing is scheduled to resume on September 13, 2024 at 9:00 AM, with testimony from the Delaware and Lehigh National Heritage Corridor and Bethlehem Township.
UPDATE: WHERE THE LANDFILL BATTLE STANDS NOW
Every fight for environmental rights has its own rhythm. Sometimes, events happen rapidly; other times, like now, things are quieter as strategies are developed and preparations are made. Here’s the latest:
The Legal Battles Continue
The legal battles against the landfill expansion are still raging, with no less than five cases currently pending in the Court of Common Pleas of Northampton County. Here’s a quick rundown:
- Substantive Validity Challenge: This case questions the legality of the 2023 rezoning that allowed landfill operations in an expanded industrial zone. The Lehigh Valley Planning Commission found this rezoning to be against the regional land use plan, failing to protect public health, safety, and welfare. Many parties, including local residents, St. Luke’s Hospital, and Bethlehem Township, have joined this challenge. They argue that the rezoning violates environmental rights, scenic and conservation easements, and other legal standards. No court date has been set yet. (Case docket # C-48-CV-2023-9455).
- Procedural Validity Challenge: Unlike the substantive challenge, this one targets the procedure by which the zoning ordinance was adopted. It claims the Township violated public hearing requirements by limiting participation from neighboring municipalities and affected non-residents, restricting public comments, and excluding expert testimony. The court has not scheduled a hearing yet. (Case docket # C-48-CV-2023-7174).
- Appeal Against Land Development Plan Approval: This appeal challenges the December 2023 approval of the landfill’s development plan on various grounds, including violations of planning ordinances, restricting public comments, improperly granting waivers, and entering an unlawful “host community agreement.” No hearing date has been set yet. (Case docket # C-48-CV-2024-0049).
- Declaratory Judgment Action: Residents, supported by St. Luke’s Hospital, Bethlehem Township, and the Delaware & Lehigh National Heritage Corridor, are fighting to enforce scenic and conservation easements that prohibit landfill operations on the rezoned land. They seek an injunction to rescind the rezoning and restore the easements. Next hearing date 9/13/24 at 9 am Northampton County Courthouse, Courtroom 10, please watch our social media for last minute updates. (Case docket # C-48-CV-2023-6089).
- Landfill Lawsuit Against the Township: The landfill has sued the Township and the new Township Council majority, claiming they reversed their litigation position without a public vote, violating the “Sunshine Act,” and alleging a conflict of interest against Councilperson Opthof-Cordaro. The defendants have requested the court to dismiss the case. No hearing date has been set yet. (Case docket # C-48-CV-2024-04292).
The “Northern Realignment” Is Not the Same as the Proposed Phase 5 Expansion Opposed by the Community and Allies
You might notice some landfilling activity near the top of the slope. Don’t worry—this is not the expansion we’re fighting against. What you’re seeing is the “Northern Realignment,” approved by PADEP over a year ago.
The Northern Relignment adds about 40.6 acres of disposal area, all within the landfill’s previously existing permit area. It includes overtopping about 25 acres of existing waste in an area that requires a new liner system, overtopping 11.9 acres of existing waste in an area that does not require a new liner, and placement of waste in about 3.7 acres of landfill support areas not previously used for disposal. Unlike the new proposed – and opposed – Phase 5 Expansion, the Northern Realignment approval did not allow the landfill to enlarge its permit area and did not allow landfilling down the face of the slope to the Lehigh River.
Check out this video that celebrates our accomplishments over the past year! Our powerful group strongly united against Bethlehem Landfill’s proposed expansion and the planned destruction of the 275 acre forest by the Lehigh River! Together, WE ARE WINNING, and we continue to stand up to Big Garbage!
- On July 11, 2023 Lower Saucon Council voted 3-2 to authorize advertising a new zoning ordinance for the landfill. Despite months of testimony, a unified coalition of community members, organizations, and municipalities, who opposed the destruction of 275 acres of pristine forest protecting the Lehigh River, D&L Trail, 9/11 Memorial Trail, and the Lehigh Valley from the devastating impacts of landfill development, the township chose to continue its path of destruction ignoring the pleas and will of its constituents.
- Knowing the community is united to save the forest, the township now proposes making landfills a use “as of right” on the forest, removing the ability for the township council or zoning hearing board from reviewing a project for appropriateness and to require conditions for development. In stead of following the will of their constituents, the council majority are determined to remove oversight they thought was necessary 6 months ago to avoid the public scrutiny.
Hello all,
I want to take a moment to THANK YOU for your continued support to save 275 acres of forest in Lower Saucon Township from landfill development!
In just four short months we have built a coalition of over 300 people who care about the land and the future of our Lehigh Valley!
Look at what we have accomplished!
- We mobilized the community with yard signs, website, and a Facebook group of landfill warriors!
- – In a move shocking Lower Saucon Township and the landfill, we came to the conditional use hearings with an unprecedented coalition of citizens, organizations, municipalities, and Northampton County, opposing the landfill expansion.
… the landfill is now limping along at the conditional use hearings with little to no presentation explaining their expansion plans or justifying their destruction of the conserved land. We have knocked them off their feet.- Our volunteers work tirelessly every day speaking with businesses in the community, elected officials, and organizations growing our coalition each day!
- We’ve assisted landowners in finding and retaining an outstanding attorney and experts to fight against the rezoning and conditional use application!
- With the Landfill on the run we assisted landowners in filing multiple challenges to the rezoning of the land. We are confident justice will be served!
- We have launched a social media campaign on Twitter and Facebook, continuing our outreach and growing our membership of landfill warriors!
- We have raised tens of thousands of dollars to assist the community in preserving this land for all to enjoy!
We are a strong and united group. We have shown that out of state garbage and special interests are no match for our will, determination, and love for the community.
Let us move into April with our heads held high. Each day of hearings is another opportunity for us to rejoice! Each one of you plays a special role that is so very important to all we do! THANK YOU!
Let’s soldier on, Landfill Warriors! TOGETHER we will be victorious!
Your friend and fellow warrior,
Victoria Opthof-Cordaro
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