Environmental Hearing Board made right call on mining permit

In the summer of 2018, the Pennsylvania Department of Environmental Protection – Pottsville Mining Office issued mining permits to Gibraltar Rock. The proposed quarry in New Hanover Township is adjacent to the Good Oil Hazardous Waste Site, discovered in 2011. Several of the chemicals from the polluted site have migrated to Gibraltar Rock acreage.

New Hanover Township and Ban-the-Quarry filed appeals to this action taken by the DEP Mining Office. On April 24 of this year, the PA Environmental Hearing Board issued their opinion — Gibraltar Rock has not shown that the quarry can be operated without detrimental changes in groundwater quality and without causing water pollution in violation of the law. As a result, the state board has rescinded the mining permits of Gibraltar Rock.

Both the DEP and Gibraltar Rock have been censured for numerous violations of the Pennsylvania Constitution and mining regulations. The bottom line is this: the EHB found Gibraltar Rock’s expert, EarthRes Engineering, to be untrustworthy, whereas the Board also found the Township’s experts to be highly credible. The Board was also very critical of the analysis and actions taken by the Penna. DEP. Gibraltar Rock announced last week that they still plan to pursue approvals for two quarry pits because they don’t believe blasting and pumping from the pits would spread the contamination in the groundwater.

The Pennsylvania EHB is comprised of five judges. Judge Renwand has served on the EAB for 25 years. Judge Coleman has also served for 25 years. Judge Mather worked at the DEP as Head of the Bureau of Regulatory Counsel and has served on the EHB for 11 years. Judge Beckman has served on the EAB for 8 years. And, Judge Labuskes, who was the trial judge in this case last October, has served for 20 years.

Think about this Board’s cumulative experience. The Pennsylvania Appellate Courts have recognized the Environmental Hearing Board’s unique expertise in environmental regulation and have generally deferred to the Environmental Hearing Board’s interpretations.