The Environmental Hearing Board Thursday dismissed a challenge to the designation of four streams in Monroe County as exceptional value.
The case was brought by a coalition of Monroe County developers and businesses, spuriously calling themselves the Monroe County Clean Streams Coalition, who challenged the Department of Environmental Protection’s independent analyses and conclusions that four streams in Monroe County had an existing use of “Exceptional Value,” which affords those streams the highest protections from degradation.
“In the Brodhead watershed, we are blessed with exceptional streams, which are known to our residents and visitors to this region,” said Bob Heil, executive director of Brodhead Watershed Association. “Even more importantly, protections for these streams are provided through DEP’s existing use process after rigorous scientific evaluation. Those that deny such things must now recognize this, and we can and will have smart economic growth in step with environmental protections.”
“Today, clean water advocates and businesses that rely on clean water for their existence – the true protectors of Pocono’s streams – prevailed,” said Jacquelyn Bonomo, PennFuture president and CEO. “PennFuture knows that clean streams are important to our environment, our health, and our economy. We will continue to stand up against those who threaten our most pristine Pennsylvania resources.”
Intervenors PennFuture and BWA joined DEP’s motion to dismiss the legal challenge, arguing that merely putting a waterbody on DEP’s “Existing Use List” does not amount to a final agency action for which the EHB has jurisdiction.
The EHB agreed and dismissed the coalition’s case in its entirety.
“With this decision, we protected not only exceptional streams in Monroe County, but waylaid an attack that could have jeopardized the very procedures in place to protect our waters throughout Pennsylvania,” added PennFuture Staff Attorney Abigail M. Jones. “PennFuture and BWA will remain vigilant to ensure that these streams – and many others in the headwaters of the Delaware – remain ‘exceptional.’”
Click Here for a copy of the EHB order.
For more information on programs, initiatives and other upcoming events, visit the Brodhead Watershed Association website. Click Here to sign up for regular updates from the Association. Click Here to become a member.
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