Pennsylvania
Controversial solar project near Gettysburg loses in court again | StateImpact Pennsylvania
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Rachel McDevitt
A massive solar energy project that sparked a backlash in Adams County has lost a second court fight.
The Commonwealth Court marked its decision “precedential” when it upheld a lower court ruling that denied a key permit to the Brookview Solar project in Mount Joy Township, outside Gettysburg.
That means the decision could inform future cases in which communities fight proposed development.
The opinion focused mainly on local zoning laws.
Tom Newhart, who owns an inn and a farm next to where the company planned to build, said there’s a lesson for everyone in the ruling.
“One should look at one’s ordinance and work on it to get something that makes sense. Not to say you’re totally blocking out anything, but put some restrictions on there to protect the public,” Newhart said.
Newhart and his neighbors had been fighting the project since 2019.
NextEra Energy Resources planned to lease 1,000 acres in the township, spread over multiple parcels, for the 75 megawatt Brookview Solar project, with panels covering about 500 acres.
To build in certain areas along Baltimore Pike, it needed a conditional use permit.
Township officials held a series of public hearings on the permit application. The board of township supervisor’s official vote in June 2021 was split. By law, that meant the permit was denied.
NextEra appealed to the Adams County Court of Common Pleas, where it lost.
The court ruled the project plans did not meet the standards set by local zoning. It found several deficiencies in the application related to stormwater management, access roads, and maximum lot coverage.
The court also upheld local zoning that requires applicants prove their projects won’t cause harm.
“Brookview has failed to prove by credible evidence that the proposed use will not detract from the use and enjoyment of adjacent or nearby lots, substantially change the character of the neighborhood, or adversely affect property values,” Judge Michael George found in his decision.
NexEra then appealed to Commonwealth Court, claiming the lower court made several mistakes in its judgment.
The three-judge Commonwealth Court panel found those claims had no merit.
“We reject Brookview’s request that this Court remand the matter to the Board so that Brookview can amend its original conditional use application with a new site plan. It had that opportunity before the trial court and chose not to use it,” Senior Judge Mary Hannah Leavitt wrote in the opinion.
NextEra did not respond to whether it plans to appeal further.
Mount Joy Township has since passed a new ordinance that bans solar development on prime farmland, known as Class 1 and Class 2. It also increased the setback distance solar panels need to be placed from homes and set a bond amount for projects’ eventual cleanup.
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Pennsylvania
Criminal charges for climate pollution? Some argue a Pa. law would apply
While Braman agrees it would be difficult to take on as a prosecutor, he said that could change as more young people move into positions of influence.
“As the catastrophes escalate and as young people who face their entire future in an environment dominated by increasing climate harms, [and] start to join the jury pool, start to become prosecutors, start to become judges and start to become shareholders, I think that the writing’s on the wall,” Braman said, “and I hope that everybody, including everyone inside fossil fuel companies, starts to pay attention to that.”
But Weber said prosecutors would still have to convince a judge or jury to convict beyond a reasonable doubt.
Fossil fuel companies have permits to conduct their business, essentially government permission to do what they are doing, another way for the company to defend itself in court.
If the companies are charged and convicted of risking or causing a catastrophe, the fines are in the range of $15,000 to $25,000 per count, Weber said.
“Is that going to deter a multimillion dollar company? Is that going to interfere with the operation of their business and the money that they’re making? I don’t think so,” Weber said. “I mean, did Energy Transfer go out of business by that criminal prosecution?”
“Maybe you put the CEO in jail,” Weber said. “And do you think that the other fossil fuel companies are going to say, ‘That guy went to jail, so we shouldn’t do what we’re doing anymore’? No, they’re going to do what drug dealers do. Drug dealers say, ‘Well, that guy got caught for drug dealing because he’s stupid. We’re not stupid.’”
‘Win by losing’
Environmental attorney Rich Raiders said there are a lot of questions with the strategy, but says the article does serve an important purpose.
“The idea behind these articles isn’t necessarily to come to an answer, but to get people to start thinking about how to address a question. And in that respect, it does that and it does it well,” Raiders said.
Raiders represented homeowners who sued Energy Transfer over the Mariner East pipeline construction. He said a case like this would be a battle of the experts, but there are fundamental questions the article does not address about whether the charges would stick.
“What do you have to show responsible for climate change to meet the definition of a catastrophe?” Raiders said. “What is that level of threshold that you have to show before you can write a complaint that actually can survive objections? And how do you prove that it was the fossil fuel emissions caused by the marketing aspects of these companies to get you far enough that you can meet this definition? We don’t know.”
Raiders said the goal of this type of prosecution could be to get a large settlement, similar to what happened with the tobacco companies settlement or a previously proposed Sackler family settlement over opioids.
In that case, it makes sense to bring a case where you “win by losing.”
“And maybe that’s what a case like this does. It’s not necessarily to win the case, but it’s to move the needle,” Raiders said.
For example, he said it could get the legislature to take action. But it also requires someone willing to lose.
“I think this is an interesting discussion in the long term for how to get people to think about the problem,” Raiders said. “And as a thought piece it does have some merit. But will you see something like that filed in the next 12 months? No, not anytime soon.”
Braman, one of the co-authors of the piece, is more optimistic.
“We desperately need some kind of solution that will allow the public to hold these massive corporate criminal actors accountable and have them really address the harms that they’re generating,” he said.
Pennsylvania
Cash reward offered for information leading to Pennsylvania cold case homicide resolution
LEBANON COUNTY, Pa. (WHTM) — A cash reward is being offered for anyone who has information surrounding a 2021 cold case homicide in Lebanon County.
The $2,000 reward is for anyone who has information that can solve the case of the death of 35-year-old Zachary Lauderman, according to State Police.
Lauderman was found dead with two gunshot wounds to his head in his home, located along Ulsh lane in Bethel Township Sept. 10 just before 3 p.m., according to Troopers.
Anyone who knows something is asked to contact PSP Tips at 1-800-4PA-TIPS (8477), or they can go online to submit a tip by clicking here.
Pennsylvania
Philadelphia Auto Show begins this weekend at the Pennsylvania Convention Center
PHILADELPHIA (WPVI) — The Philadelphia Auto Show is about to get underway at the Pennsylvania Convention Center.
It kicks off this weekend, but on Thursday Mayor Cherelle Parker and auto show executives gave us a preview of all the fun.
Organizers say this will be one of the largest shows in its 123-year history.
Car enthusiasts will get a chance to see the latest lineup from manufacturers around the globe.
“With more manufacturers, the longest track, Camp Jeep back on display… there truly is something for everyone,” said Jeff Glanzmann of Glanzmann Subaru.
That also includes classic cars and Hollywood rides from favorite films and shows, all of which will be showcased on the 600,000 square foot exhibit floor.
The Auto Show opens to the public on Saturday and runs until Jan. 20.
6abc is a proud sponsor.
Don’t miss our Philadelphia Auto Show special, which airs Saturday at 7 p.m.
For tickets and more information, visit this page on 6abc.com.
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