The President is pressing for passage of a new trade deal called the Trans-Pacific Partnership Trade Agreement (TPP). Leaked sections of the secret deal demonstrate it is light on environmental preservation and heavy on corporate protection.
The TPP would give foreign corporations the right to sue our government for millions of dollars if they believe a U.S. environmental law (State, Federal or local) has diminished its ability to make profits – one corporation is already taking action under similar provisions in NAFTA against Canada for a ban on fracking passed in Quebec.
If passed as planned, the TPP will also give special status to new countries who will then benefit from automatic approval LNG export plans – those countries include Japan, Vietman, Brunei, Malaysia, and New Zealand, with China expected to be added to the list soon. That means environmental and economic reviews of the impacts of the new LNG construction, operation and export would be by-passed.
More LNG exports means more pressure for shale gas development and fracking; more legal challenges against environmental protection laws means less protection against gas drilling and fracking.
And to top it off, the President wants Congress to pass a piece of legislation called the Bipartisan Congressional Trade Priorities Act of 2014 — “Fast Track” for short, that will give the President super powers to be able to continue to negotiate his deal in secret, to sign the deal on behalf of the United States, to draft and put forth before Congress the legislation that would change or modify any existing U.S. laws necessary to bring the country into compliance with the TPP, and to relegate our Congress to a mere “yay” or “nay” vote, no hearings, no amendments, and very little conversation at all. The Constitution of the United States carefully shares authority for international dealmaking between the President and the Congress – President Obama wants to change all that.
To learn more review the white paper provided below. Also below is a copy of a recent letter sent to a variety of congressional representatives from around the region by 54 organizations. https://www.youtube.com/watch?v=Vc2UUeMqQ48&feature=youtu.be
On May 17, 2016 a case was filed in US District Court for the Middle District of Pennsylvania challenging the DRBC’s authority over drilling and fracking actitivies and challenging its defacto moratorium that currently prevents such activities anywhere within the Delaware River watershed.
The case was filed by the Wayne Land and Mineral Group. The action was filed against the Delaware River Basin Commission. The Delaware Riverkeeper Network successfully intervened in the case.
March 23, 2017 the case was dismissed with an important legal determination that the DRBC does in fact have jurisdication over drilling and fracking activities in the watershed.
Act 13 amended the Pennsylvania Oil and Gas Act, preempting municipal zoning of oil and gas development. It also established an impact fee on natural gas.
The Delaware Riverkeeper Network, Maya van Rossum in her capacity as the Delaware Riverkeeper, Dr. Mehernosh Khan, and seven municipalities filed suit on March 29, 2012 challenging the law on the grounds it violates the Pennsylvania and United States Constitutions and endangers public health, natural resources, communities and the environment. The municipalities participating are: Township of Robinson, Washington County; Township of Nockamixon, Bucks County; Township of South Fayette, Allegheny County; Peters Township, Washington County; Township of Cecil, Washington County; Mount Pleasant Township, Washington County; and the Borough of Yardley, Bucks County.
The named Appellants are the Commonwealth of Pennsylvania; Pennsylvania Public Utility Commission (“PUC”); Office of the Attorney General of Pennsylvania; and the Pennsylvania Department of Environmental Protection (“DEP”).
Oral argument was held before the PA supreme court on October 17, 2012.
The Pennsylvania Supreme Court Decision
The Pennsylvania Supreme Court issued its decision on December 19, 2013. In that decision the Pennsylvania Supreme Court ruled that Act 13 violates the Pennsylvania Constitution on the grounds that it violates the Environmental Rights Amendment. In doing so, the Court held that the right to pure water, clean air and a healthy environment are fundamental rights that must be given high-priority consideration and protection by every level of Pennsylvania’s government. The Court’s decision also struck down the shale gas industry’s effort to force every municipality in the state to allow gas drilling and related industrial operations in every zoning district. The Court’s decision upheld the ability of local governments to protect their local communities and natural resources through zoning. Chief Justice Castille authored the historic majority opinion. Justices Todd, McCaffrey and Baer joined in the result.
Justices Castille, Todd, and McCaffrey held that provisions of the law violate Article I, Section 27 of the Pennsylvania Constitution – the Environmental Rights Amendment. Justice Castille stated that “we agree with the citizens that, as an exercise of the police power, Sections 3215(b)(4) and (d), 3303, and 3304 are incompatible with the Commonwealth’s duty as trustee of Pennsylvania’s public natural resources.” In discussing Section 3304’s uniform zoning provisions, Justices Castille, Todd, and McCaffrey agreed that the provisions “sanctioned a direct and harmful degradation of the environmental quality of life in these communities and zoning districts.” They also concluded that the Act forced some citizens to bear “heavier environmental and habitability burdens than others,” in violation of Section 27’s mandate that public trust resources be managed for the benefit of all the people.
Justice Baer concurred in finding Act 13 unconstitutional, agreeing with the Commonwealth Court’s reasoning. Justice Baer stated that the provisions “force municipalities to enact zoning ordinances, which violate the substantive due process rights of their citizenries.” He further noted “Pennsylvania’s extreme diversity” in municipality size and topography and that zoning ordinances must “give consideration to the character of the municipality,” among other factors, which Act 13 did not.
In the Town of Highland, Sullivan County, New York, Northgate Resorts is proposing to overhaul the former Kittatinny Campground with an operation they call Camp FIMFO. The proposal would transform most of the existing low impact tent camp sites to RV sites, cabins or glamping structures with water, sewage and/or electric hook ups; adding a mountain roller coaster, water slides, a swimming pool, mini golf, more parking, more septic systems, as well as replacing some of the old existing buildings with new.
According to one official on the Upper Delaware Council, this is the largest development project ever to come to the region.
Overall, the true scale and impacts of the project are being masked by a lack of information with differing detals dribbling out over time. It also seems clear that if Northgate gets to have its way, we will be seeing more theme-park-like operations of this kind invading our Upper Delaware region and magnifying the harm.
After careful review, on May 25, 2023, the National Park Service issued a letter stating its determination that the project fails to conform with Land and Water Use Guidelines (LWUG) for the Upper Delaware Scenic and Recreational River. You can read about it in the River Reporter here: https://riverreporter.com/stories/nps-rejects-fimfo,99920
The National Park Service has complimented its letter and public presentation regarding its review of Camp FIMFO with a detailed Significant Project Substantial Conformance Review issued June 26, 2023 (available here). In response, Northgate-FIMFO sent a highly inappropriate letter to the Town of Highland Planning Board. To which the Delaware Riverkeeper Network has submitted its own response, available here.
On September 14 the Delaware Riverkeeper Network held an informational meeting with residents in the Upper Delaware River region to discuss the proposed Camp FIMFO site changes.
On September 27th, the Town of Highland Planning Board held a meeting and voted 3-2 in favor of conducting an Environmental Impact Statement for the project.
The Delaware Riverkeeper Network has secured the expert analysis of an urban planner with 30 years of experience. The findings are clear, the Town of Highland Planning Board needs to require a full Environmental Impact Statement, anything short is a violation of state law and a betrayal of the public trust.
The Environmental Impact Statement (EIS) process is now getting underway. It begins with a public process call “Scoping”. This is where all of the issues of concern that must be addressed in the EIS are identified. You don’t have to provide the analysis of the issue at this stage, just clearly identify the issue to be analyzed. The Town has announced it will accept comments on the draft scoping document between November 3 and November 22. The Delaware Riverkeeper Network does not think a mere 20 days –particularly when they include travel days typically associated with Thanksgiving as well as election time — provides enough time and has submitted a comment urging the Town Planning Board to extend the comment period until December 21. You can review the Delaware Riverkeeper’s letter here. We are also urging others to demand this important extension of time.
The Delaware Riverkeeper Network has submitted comments regarding the Scoping Document. You can review our comment here. Feel free to use our comment as a guide for what you may want to say in a comment you submit.
Submit your comment on the draft Scoping Document to: Ms. Monica McGil, Planning Board Secretary at email address planningboardzba@townofhighlandny.com
–> You can review the notice regarding the public comment process by clicking here.
–> You can see a copy of the proposed document up for comment by clicking here.
Holding tanks from an old landfill – the Barnes Landfill, has been discovered to have leaked tens and thousands of gallons of leachate to surrounding streams:
Some Basic Facts:
The site is ~223 acres and has many areas of wooded steep slopes and fronts along the Delaware River.
The Beaver Brook flows through the central portion of the site.
Much of the project site is located within the 100-year and 500-year floodplains.
Of the 342 campsites that exist currently, only 56 will remain tent campsites. The rest will be turned into sites for RVs including with water and sewer hookups, permanent cabins, or sites with constructed glamping pods or safari type tents.
Delaware Riverkeeper Network is working with the community fully assess and question what is being proposed.
Clean and renewable energy options such as wind and solar, if supported today and coupled with concerted energy efficiency programs, could not only totally power every state in our watershed by the year 2050, but could put us on the leading edge of the clean energy industry. This would allow us to protect our natural resources including healthy water, clean air and vibrant natural resources, and also allow us to keep jobs in our region for generations to come as we build the technologies needed to support ourselves, our nation and countries across the world who will all be turning to clean energy and efficiency technologies with increasing investment and focus in the years, decades and generations to come.
Delaware Riverkeeper Network is working hard to help make the case that a clean energy future is achievable now – we have the technology, we just need the political will and public support.
Envisioning Pennsylvania’s Energy Future Video
Green Justice Philly
Delaware Riverkeeper Network serves on the steering committee as a founding member of Green Justice Philly, a coalition of organizations in the Philadelphia Region. The mission of Green Justice Philly, formed in 2015, is:
Green Justice Philly is a diverse and growing coalition committed to building a healthy, sustainable and economically just Philadelphia region. We work together to oppose the dirty fossil fuel industry that puts our neighborhoods at risk, makes our citizens sick, and does not contribute to our long-term prosperity.
Campaigns have included opposition to the development of fossil fuel projects at Southport, a private-public development site owned by the City of Philadelphia on the Delaware River and robust support instead of union and family-supported jobs. This Green Justice Philly campaign of a labor-environmental-community coalition led to the successful cancellation of a RFP for fossil fuel-related projects, including possible crude by rail facility or an oil/shale gas export terminal, and resulted instead in additional union-supported jobs at Southport and the greening of the Philadelphia Port with State funding.
Green Justice Philly is waging a campaign for clean, renewable energy in the City from locally generated solar; the Solar Justice Philly campaign. The Solar Justice Philly campaign calls for a commitment by the City of Philadelphia to provide 100% of its energy from renewable sources by 2030, generating at least 30% of the electricity used in government-owned buildings, departments and street lights from solar projects in the five county region, including installations on City-owned buildings and property and on properties in under-resourced neighborhoods.
In 2018, the Green Justice Philly’s Solar Justice Campaign became more focused on the goal of implementing the City’s renewable energy goals through specific actions by city government. In April, a letter signed by 11 Philadelphia-based organizations was submitted to the Philadelphia Office of Sustainability outlining actions that should be taken in the coming months, including solar energy projects generated on City-owned infrastructure such as buildings, street lights and bridges. These installations would spur new jobs for city residents and help generate new wealth for the City’s neighborhoods in the form of green jobs. See the letter. The letter was followed by petitions launched by groups and on-line platforms that are being submitted to Mayor Kenney and City Council members to support the local solar campaign. See a sample petition below.
The Concept
The concept is that Philadelphia’s transition to a renewable economy has the potential to improve regional air quality and curb climate change while spurring long-term economic development and jobs for the City’s residents. Since Mayor Kenney has set a goal of purchasing 100% of the electricity the city government uses from renewable sources by 2030, Green Justice Philly has recommended a number of initial actions to advance one specific strategy from the City’s published document on its energy vision – the purchase of long-term contracts for renewable energy called power purchase agreements (PPA). Green Justice Philly’s letter calls for the Mayor to issue a new PPA that would require the generation of solar energy locally on city infrastructure, to enlist other large city institutions to go solar, and to ensure that the new jobs will go to Philadelphia residents, with a commitment to ensuring the workforce reflects the racial demographics of the city as closely as possible and are under union conditions.
In August, Green Justice Philly and the Carnival de Resistance will be hosting a parade and rally to bring attention to and get people engaged with these issues. Partnering with organizations and residents from across the Philadelphia region, people will march for the use of renewable and clean energy sources; an end to power generation using fossil fuels, including fracked gas; and support for locally generated solar energy. The parade will start at PECO’s Headquarters to articulate EQAT’s demand of locally produced solar by PECO, stop at SEPTA Headquarters to demand their planned Nicetown fracked gas power plant is cancelled and end with a rally at City Hall so Mayor Kenny and City Council will hear the community’s demands.
