Judge aids compressor fight
By Anya Tikka
MILFORD — A local grassroots organization cleared a hurdle in its fight to keep the expanded natural gas compressor in Milford from polluting the air.
Judge Bernard A. Labuskes Jr., writing for the Commonwealth Of Pennsylvania Environmental Hearing Board, dismissed the appeal of Columbia Gas and the Pennsylvania Department of Environmental Protection (DEP) to dismiss the case brought by Stop the Milford Compression Station Expansion. Judge Bernard A. Labuskes Jr., writing for the Commonwealth Of Pennsylvania Environmental Hearing Board, dismissed the appeal of Columbia Gas and the Pennsylvania Department of Environmental Protection (DEP) to dismiss the case brought by Stop the Milford Compression Station Expansion. Alex Lotorto, one of the group’s leaders, said the judge's decision opens the door to a win that could send a message to the gas drilling industry well beyond Milford.
The seven people who appealed on behalf of the group — Justin Snyder, Stephanie Snyder, Marie Cohen, Alex Lotorto, Greg Lotorto, Bess Moran, Marie Liu, and Robin Schneider — said the DEP's approval of the expansion was illegal because it didn’t follow Pennsylvania's Air Pollution Control Act, which mandates that the best available technology be used to prevent pollution, Lotorto said. This means using electricity, not the combustion engines Columbia intends to use.
In approving the expansion, the DEP also bypassed local towns, which have a right to determine land use within their boundaries, Lotorto said. Columbia Gas did not obtain the necessary zoning permits from Milford Township. The station is furthermore in a residential zone.
“Governor Wolf promised as part of his campaign that he would support the local towns’ rights to determine where gas drilling takes place, but he’s not followed through," said Lotorto.
He claimed Wolf could instruct the DEP’s attorney to stand down in this case but has declined to do so, even though Milford Township has asked Harrisburg to intervene.
“The new station is 13 times larger than the previous compressor station that was torn down,” Lotorto said. “They tore down the previous station, and as with any property, once you build something much bigger in the property, you have to go in front of the town board to get the permits.”
He said he didn’t know what the zoning was when the original station was built.
The Milford compressor station expansion is part of Columbia Pipeline's larger East Side Expansion Project in Northeastern Pennsylvania. It has had widespread opposition from local municipalities, whose officials and residents point to health hazards and air and noise pollution, among other concerns. Milford Township opposes the expansion.
Judge Labuskes wrote in his ruling that Columbia Gas "has not shown as a matter of undisputed fact that the Department properly approved an air quality plan approval for a natural gas compressor station.”
He continued: “There is no dispute that Columbia must employ BAT (Best Available Technology). The regulations require that an application for plan approval must show, among other things, that the emissions from a new source will be the minimum attainable through the use of the best available technology.”
The seven people who appealed on behalf of the group — Justin Snyder, Stephanie Snyder, Marie Cohen, Alex Lotorto, Greg Lotorto, Bess Moran, Marie Liu, and Robin Schneider — said the DEP's approval of the expansion was illegal because it didn’t follow Pennsylvania's Air Pollution Control Act, which mandates that the best available technology be used to prevent pollution, Lotorto said. This means using electricity, not the combustion engines Columbia intends to use.
In approving the expansion, the DEP also bypassed local towns, which have a right to determine land use within their boundaries, Lotorto said. Columbia Gas did not obtain the necessary zoning permits from Milford Township. The station is furthermore in a residential zone.
“Governor Wolf promised as part of his campaign that he would support the local towns’ rights to determine where gas drilling takes place, but he’s not followed through," said Lotorto.
He claimed Wolf could instruct the DEP’s attorney to stand down in this case but has declined to do so, even though Milford Township has asked Harrisburg to intervene.
“The new station is 13 times larger than the previous compressor station that was torn down,” Lotorto said. “They tore down the previous station, and as with any property, once you build something much bigger in the property, you have to go in front of the town board to get the permits.”
He said he didn’t know what the zoning was when the original station was built.
The Milford compressor station expansion is part of Columbia Pipeline's larger East Side Expansion Project in Northeastern Pennsylvania. It has had widespread opposition from local municipalities, whose officials and residents point to health hazards and air and noise pollution, among other concerns. Milford Township opposes the expansion.
Judge Labuskes wrote in his ruling that Columbia Gas "has not shown as a matter of undisputed fact that the Department properly approved an air quality plan approval for a natural gas compressor station.”
He continued: “There is no dispute that Columbia must employ BAT (Best Available Technology). The regulations require that an application for plan approval must show, among other things, that the emissions from a new source will be the minimum attainable through the use of the best available technology.”
Lotorto said Colombia Gas is allowing pollutants into the air close to residences, schools, and hospitals. With the company’s record of accidents, he said, it’s especially troubling there are no clear exit routes for the residents on Fire Tower Road, where the station is located.
“The issue is, electric motors were feasible for the budget, and that installing them would employ many locals," said Lotorto, saying that Columbia Gas stood to make many millions on the expansion.
Local self-governance is a constitutional right, Lotorto said. The judge wrote that "there appears to be record support for the Appellants’ contention that the Department in fact ignored local land use requirements.”
“The state is in effect spending a lot of money to fight the residents in Milford," said Lotorto.
The next step is the actual court case, with all the relevant paperwork due by mid-February. Stop the Milford Expansion needs funds for legal costs, and welcomes donations.
To donate visit nomilfordcompressor.org.