Franklin Township v. Commonwealth, Department of Environmental Resources

452 A.2d 718, 499 Pa. 162, 20 ERC (BNA) 1940, 1982 Pa. LEXIS 609
CourtSupreme Court of Pennsylvania
DecidedDecember 1, 1982
DocketNo. 81-1-80
StatusPublished
Cited by53 cases

This text of 452 A.2d 718 (Franklin Township v. Commonwealth, Department of Environmental Resources) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Franklin Township v. Commonwealth, Department of Environmental Resources, 452 A.2d 718, 499 Pa. 162, 20 ERC (BNA) 1940, 1982 Pa. LEXIS 609 (Pa. 1982).

Opinions

OPINION

LARSEN, Justice.

On May 2, 1980, the Commonwealth of Pennsylvania, Department of Environmental Resources (DER) issued a permit for solid waste disposal and/or processing facility (Permit No. 300728) to Elwins Farms, Incorporated. The permit pertains to a facility called Elwin Farms Industrial Residue Processing Site located in Franklin Township, Fayette County, Pennsylvania. The permit was issued pursuant to an application received by the DER on September 11, 1979. It allowed and authorized the permitee to “stabilize and dispose of (using the ‘Stabatrol Process’ as described in the approved Facility Design and Operations Plans) neutralized inorganic sludges/residues with a solids content of 12% or greater, by weight, which do not contain (1) organic solvents, (2) sodium salts of arsenate, borate, phosphate, iodate, and/or sulfides, (3) more than 1% oil and grease.” The baneful deposits sanctioned by this license are acknowledged to be toxic wastes which perpetually retain their hazardous toxicity.

On May 30, 1980, a timely appeal from the issuance of the permit was filed with the Environmental Hearing Board (EHB) by Franklin Township and Fayette County. The appeal was based, inter alia, on the following: (a) that the DER failed to establish permanent disposal within thirty (30) days as a requirement of the permit; (b) that proper [165]*165consideration was not accorded to the existence of a high pressure gas line which runs across the subject property; (c) that the applicant furnished false, misleading, and fraudulent information in its application for a permit; (d) that no provisions for accidental spillage of large quantities of waste were provided; (e) that no consideration was given to the problem of transportation of the waste materials to and from the site; (f) that neither the applicant nor the owner of the land possess the mineral rights creating the possibility of future mining operations beneath the surface; (g) that there is no method to insure that unauthorized materials will not be deposited at the site; (h) that there are several springs and seeps on the property which could become contaminated; (i) that the “stabatrol process” is not an established proven method; (j) that the land on which the facility is to be operated is not zoned for the activity proposed; (k) that the DER failed to notify the township and the county of the application for a permit and breached its duty to cooperate with the local government units in discharging its duties under the Solid Waste Management Act.1

On motion of the permitee, El win Farms, Inc., the EHB dismissed the appeal on the basis that the township and the county lack standing to challenge the permit’s issue. The Commonwealth Court, relying on its opinions in Susquehanna County v. Commonwealth of Pennsylvania, Department of Environmental Resources, 58 Pa.Common. 381, 427 A.2d 1266 (1981) and Strasburg Associates v. Newlin Township, 52 Pa.Common. 514, 415 A.2d 1014 (1980), affirmed the Order of the EHB dismissing the appeal for lack of standing on the part of the appellants. Upon petition, we granted allocatur.

The question of standing is rooted in the notion that for a party to maintain a challenge to an official order or action, he must be aggrieved in that his rights have been invaded or infringed. This principle was thoroughly considered in Wm. Penn Parking Garage v. City of Pittsburgh, [166]*166464 Pa. 168, 346 A.2d 269 (1975) where this court confirmed that to have standing, a party must (a) have a substantial interest in the subject-matter of the litigation; (b) the interest must be direct; and (c) the interest must be immediate and not a remote consequence.

In Wm. Penn Parking Garage, supra, 464 Pa. 191-192-193, 346 A.2d 269, 280-281, this Court stated:

“ ‘[The party] must have a direct interest in the subject-matter of the particular litigation, otherwise he can have no standing to appeal. And not only must the party desiring to appeal have a direct interest in the particular question litigated, but his interest must be immediate and pecuniary, and not a remote consequence of the judgment. The interest must also be substantial’. Keystone Raceway Corp. vs. State Harness Racing Commission, 405 Pa. 1, 7-8, 173 A.2d 97, 100 (1961).”
“The core concept, of course, is that a person who is not adversely affected in any way by the matter he seeks to challenge is not ‘aggrieved’ thereby and has no standing to obtain a judicial resolution of his challenge. In particular, it is not sufficient for the person claiming to be “aggrieved” to assert the common interest of all citizens in procuring obedience to the law.”
“It is the latter principle which lies behind the traditional . formulation’s requirement that the would-be “aggrieved” party must have an interest which is “pecuniary” and “substantial”. Thus, for example, it is clear that some interests will suffice to confer standing even though they are neither pecuniary nor readily translatable into pecuniary terms.”

On the federal level, where review of federal agency action is sought, the standing requirement has been broadened to include persons who can show “that the challenged action had caused them “injury in fact” and where the alleged injury was to an interest ‘arguably within the zone of interests to be protected or regulated’ by the statutes that the agency was claimed to have violated.” Sierra Club v. [167]*167Morton, 405 U.S. 727, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972); Also see: U.S. v. Students Challenging Regulating Agency-Procedures, 412 U.S. 669, 93 S.Ct. 2405, 37 L.Ed.2d 254 (1973).

The appellants, Franklin Township and Fayette County are legal persons in the sense that they exist as legal entities possessed of rights and responsibilities including the right and sometimes the duty to seek judicial or other legal relief. However, a township and a county are more than abstract entities; each is also a place populated by people. They can be identified by fixed and definable political and geographic boundaries. These boundaries encompass a certain natural existence — land, water, air, etc. collectively referred to as environment. Whatever affects the natural environment within the borders of a township or county affects the very township or county itself. Toxic wastes which are deposited in the land irrevocably alter the fundamental nature of the land which in turn irrevocably alter the physical nature of the municipality and county of which the land is a part. It is clear that when land is changed, a serious risk of change to all other components of the environment arises. Such changes and threat of changes ostensibly conflict with the obligations townships and counties have to nature and the quality of life.

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Bluebook (online)
452 A.2d 718, 499 Pa. 162, 20 ERC (BNA) 1940, 1982 Pa. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-township-v-commonwealth-department-of-environmental-resources-pa-1982.