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Hi all,
As you may have seen in the news, we were shocked to lose a show-down before the Lehigh County Board of Elections yesterday. Delta Thermo Energy turned out in force, with multiple lawyers from their big gun law firms, even bearing a letter from former Governor Ed Rendell. They spewed a lot of lies and threats before the county. The Board of Elections decided (illegally) that our Allentown Clean Air Ordinance will not go on the ballot. The claim (wrongly) that the state DEP has to approve ordinances of the sort we're doing, and used that as an excuse.
We now have to sue to make sure the Clean Air Ordinance will go to the voters.
WE NEED YOUR HELP.
This will take time, money and devoted volunteers... not just to win the right to have this on the ballot, but to wage the campaign to win the vote, in the face of a storm of lies, threats and confusion they have in store.
If you can donate, please do. You can make contributions to the Allentown Residents for Clean Air here: http://www.stoptheburn.org/donate/
If you can volunteer, please let me know. We need all sorts of talents involved, including research, public education/speaking, public relations, social media, fundraising, calling people, and more.
If you'd like to join us for our emergency call tonight at 8pm, let me know and I'll get you the call-in number.
Now we know that Delta Thermo Energy is planning to put up a serious fight. Let's get our heads together to figure out how to fight harder and win clean air!
Today's media coverage on yesterday's decision is compiled below.
Mike Ewall, Esq.
Founder & Director
Energy Justice Network
215-436-9511
mike@energyjustice.net
http://www.energyjustice.nethttp://www.energyjustice.net/donate/ <-- help us help you! Donate today.
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http://www.mcall.com/news/breaking/mc-allentown-ballot-question-delta-thermo-fegley-20130827,0,5540391.story
Allentown ballot question prompted by Delta Thermo struck down
Ordinance would regulated emissions at planned waste-to-energy plant.
By Emily Opilo, Of The Morning Call
8:52 p.m. EDT, August 27, 2013
A proposed ballot initiative that would regulate emissions in Allentown was struck down Tuesday by the Lehigh County Election Board.
The proposal, which was created with a citizens petition and forwarded to the board after consideration by Allentown City Council, would have created an ordinance that would require real-time monitoring of "new air-polluting facilities" and mandate live disclosure of emissions data on a public website. Emissions would have also been restricted to levels comparable to a natural gas burning power plant.
While Allentown's charter directs city officials to send ballot questions to the county for consideration by voters, the county has a three-member board that must approve initiatives before they appear on the ballot.
Lehigh County Executive Matt Croslis, who sits on the board, expressed concern that the state Department of Environmental Protection had not approved the ordinance.
There are means for voters to direct the city to enact an ordinance that would accomplish what the ballot initiative would set out to do, but the proposed format wasn't the right one, Croslis said.
Petitioners organized the ballot initiative in response to a plan to build at 48,000-square-foot waste-to-energy plant on Allentown's Kline Island. The plant, which would be built by Bucks County-based Delta Thermo Energy, would break down sewage sludge and shredded trash in an industrial pressure cooker before burning the pulverized remains to make electricity.
According to the city charter, ballot initiatives must first be placed on council's agenda for consideration. After receiving a legal opinion from the city solicitor arguing that the legislation could open Allentown to a lawsuit, City Council opted to table the bill in June rather than vote, effectively sending it to the county elections board.
At Tuesday's hearing, attorneys representing Delta Thermo squared off against proponents of the ordinance, including BrewWorks owner Rich Fegley.
Delta Thermo attorney Richard B. McKinstry Jr. called the proposed initiative "patently illegal." It would contradict state law, which permits municipalities to develop stricter environmental standards with DEP's approval, but not to develop their own regulatory "programs," he said. Only Philadelphia and Allegheny County have such power, McKinstry said.
McKinstry also argued that election law requires a ballot initiative to be 75 words or less. The proposed initiative is thousands of words long.
Croslis said it was not the election board's job to decide whether the ballot initiative is legal. Additionally, the board could summarize the initiative and make full copies available at polling places.
But ultimately, DEP has not reviewed the legislation as required, Croslis said. Because the legislation originated with voters and not a governing body, it created a which came first question, he said, the chicken or the egg.
"I'm not sure if this has ever come up before," he said. "Does DEP have to approve this first before it can become law? Or if it becomes law, DEP does have to approve it if it does become law. We just don't believe this was the proper way to do it."
The board, whose other members are Republican representative Jane George and Democratic representative Doris Glaessmann, convened an executive session to receive legal advice before rendering the unanimous decision to strike down the ordinance.
Mike Ewall, founder and director of the Philadelphia-based Energy Justice Network, has been working with local proponents of the ballot initiative and crafted the language himself. DEP has a program limited to Philadelphia and Allegheny counties where a municipality can take over all pollution regulation and control, but that's not what the proposed ballot initiative would do, he said.
"This is just for specific types of polluters," Ewall said. "A different section of state law allows what we're doing."
eopilo@mcall.com
610-820-6522
Copyright © 2013, The Morning Call
Mike Ewall · Top Commenter · Founder and Director at Energy Justice Network
The Board of Election's decision was improper and will be challenged in court so that voters will get to decide on this after all. There is no requirement for DEP authorization of local clean air ordinances. That only applies to "programs" where Philadelphia or Allegheny Counties are allowed to (and have) taken over the job of the state DEP in issuing all kinds of air permits. See our response to the DEP's misguided legal opinion here: http://stoptheburn.org/wp-content/uploads/2013/06/Response_to_DEP_letter.pdf The DEP opinion letter it responds to is here: http://stoptheburn.org/wp-content/uploads/2013/06/DEP_on_Ordinance_6-19-13.pdf .
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http://www.lehighvalleylive.com/allentown/index.ssf/2013/08/lehigh_county_rejects_ballot_q.html
Lehigh County rejects ballot question for Allentown clean air bill
Colin McEvoy | The Express-Times By Colin McEvoy | The Express-Times
on August 27, 2013 at 4:57 PM, updated August 27, 2013 at 5:02 PM
[Robert McKinstry Jr., an attorney for Delta Thermo Energy Inc., urges the Lehigh County election board to reject the clean air bill. (Express-Times Photo | COLIN MCEVOY)]
Allentown voters will not get the chance to vote for a proposed clean air bill in the upcoming election.
Opponents of a waste-to-energy plant being built in the city attempted to present a ballot initiative to voters that would have imposed strict emissions monitoring in the city.
But the Lehigh County Board of Elections rejected the ballot initiative, saying the proposed bill has not been reviewed by the state and may conflict with existing law.
"We believe after some discussion the ordinance as proposed does not properly recognize and account for the Department of Environmental Protection's mandated approval role," said Lehigh County Executive Matt Croslis, who sits on the board.
Opponents of Delta Thermo Energy Inc.'s planned incinerator gathered 2,175 signatures in favor of the proposed initiative, which would require monitoring, data disclosure, emission limits and potential fees.
The city had opposed the bill, arguing it conflicted with state law. But it was ultimately up to the county as to whether it met legal requirements to appear on the ballot in the upcoming November election.
The election board voted 3-0 against it today, after hearing passionate pleas from both sides.
Croslis said a better ballot initiative would have been simply directing the city to continuously monitor emissions, rather than attempt to impose their own bill that has not been reviewed by the state.
"Otherwise, we could be voting on something that's unenforceable," he said.
allentown delta thermo energy plant renderingView full sizeA rendering of Delta Thermo Energy's proposed waste-to-energy Allentown plant.Image Courtesy Delta Thermo Energy Inc.
Delta Thermo plans to build a $49 million facility on 3.1 acres along the Little Lehigh Creek. City council approved a 35-year contract with the company in March 2012.
Allentown officials had argued the proposed clean air bill would be pre-empted by state law because such monitoring falls exclusively under the DEP's authority.
Marcel Groen, one of three lawyers who spoke on behalf of Delta Thermo, argued allowing towns to create their own air monitoring laws would be inefficient.
"Think about it for a minute: If every one of the 2,600 municipalities in Pennsylvania adopted such an ordinance, it would create a patchwork of inconsistent local programs," he said.
Bob McKinstry Jr., another attorney representing Delta Thermo, argued it would be costly for city taxpayers to implement and would drive economic development away from Allentown.
Groen said it would cost the city roughly $1 million a year to impose. McKinstry also said it would conflict with Delta Thermo's contract with the city, opening Allentown to potential liability.
Supporters of the bill expressed disappointment with the election board's decision.
"I'd rather see you take the risk of pushing this forward now, rather than risking the potential environmental problems for the city of Allentown," said Diane Teti, who gathered signatures for the ballot initiative petitions.
Glenn Hunsicker said the voters should have a say and compared the initiative's rejection to a proposed referendum on the Allentown water lease being thrown out due to a technicality.
"Why would you want to cut off the process?" Hunsicker said. "This is one of the only processes the citizens have."
Contact Allentown reporter Colin McEvoy at 484-894-2549 or cmcevoy@express-times.com.
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http://www.wfmz.com/news/Clean-air-ordinance-question-won-t-be-on-November-ballot/-/121458/21672600/-/2050pr/-/index.html
Clean air ordinance question won't be on November ballot
Author: Katie Shank, Web Producer Published: Aug 27 2013 05:14:11 PM EDT Updated On: Aug 27 2013 05:39:42 PM EDT
ALLENTOWN, Pa. - Voters in Allentown will not decide if the city needs a clean air ordinance to monitor a planned waste-to-energy plant. The Lehigh County Elections Board voted unanimously Tuesday against putting the question on the November ballot as a referendum. The proposal stemmed from a plan to build the Delta Thermo waste-to-energy plant next to the city's waste-water treatment plant on Kline's Island.
VIDEO: http://www.wfmz.com/news/Clean-air-ordinance-question-won-t-be-on-November-ballot/-/121458/21672602/-/2050pt/-/index.html
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