"The people have a right
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April 25, 2024
Once, These Were Penns Woods.
Our Woods. Yours and Mine.
But changes have been fast coming, some irreversible.
Whose woods will they be in the future?
Will these lands even be woods?
PEDF's Petition on Restoring Our State Forests
Marcellus Well Pad, Loyalsock State Forest
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ATV Destruction, Tiadaghton State Forest
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John Childe and Kimberly Childe, attorneys for PEDF, have filed in Commonwealth Court
Petition for Review of State Actions Causing the Loss of State Forest Trust Assets.
To read the 202-page Petition, please click on the blue title and link directly above.
Petition for Review of State Actions Causing the Loss of State Forest Trust Assets.
To read the 202-page Petition, please click on the blue title and link directly above.
Summary:
- PEDF is suing Josh Shapiro as Governor of Pennsylvania, the Pennsylvania Department of Conservation and Natural Resources (DCNR), and Cindy Adams Dunn as DCNR Secretary.
- The Pennsylvania Supreme Court's June 20, 2017 Opinion that all elected officials must protect our State Forests (the Public Trust under Article I Section 27 of our State Constitution) continues to be ignored. Public Trust monies continue to be spent elsewhere.
- Existing harm to the public and to future generations by the degradation and diminution of Public Trust assets (clean air; pure water; and natural, scenic, historic, and esthetic values) has not been remedied and continues to grow.
- Multiple State Forest uses causing degradation, diminution, and depletion of State Forest resources and values have been authorized by Trustees but not accounted for or remedied. These include commercial oil and gas development, commercial gas storage, commercial rights-of-way, snowmobile and ATV recreational riding, private camp leases, commercial timber harvesting, extensive road development for multiple uses, extensive additional infrastructure authorized for multiple uses, and cumulative harm to the State Forest's ability to mitigate climate change.
- Trustees of the State Forest (elected politicians and appointed state officials) have appropriated $1.7 billion in Trust assets without ensuring that the monies were spent for Trust purposes.
- For fiscal year 2024-2025, Trustees propose to allocate nearly $75 million more from the Oil and Gas Lease Fund (Trust monies).
- Since Trustees have a mandatory duty to remedy degradation to the State Forest ecosystem, PEDF is asking the Court to compel the Trustees to redress the breach of trust by restoring property or by other means (a "surcharge").
- PEDF is also requesting "Mandamus Relief," compelling the Governor et al to file an accounting for Trust funds.
Thank you for your continuing support of PEDF!
Please help in this continuing effort to conserve and maintain our State Forests
and the integrity of the Environmental Rights Amendment.
To donate, click here.
Please help in this continuing effort to conserve and maintain our State Forests
and the integrity of the Environmental Rights Amendment.
To donate, click here.
April 24, 2024
Notice -- Annual Meeting of PEDF Members
PEDF's Annual Meeting of Members will be held Wednesday, May 29, 2024, 10:00 a.m., near Harrisburg.
If you are a member and would like to attend, please email Dan Alters ([email protected]) for directions.
February 23, 2024
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The Pennsylvania Environmental Defense Foundation (PEDF) is continuing its legal fight to save our State Forest. We have made significant progress since filing our first action in 2012. Our Pennsylvania Supreme Court has recognized our State Forest as part of the trust established by the people of Pennsylvania under Article I, Section 27 of the Pennsylvania Constitution, commonly known as the Environmental Rights Amendment. The court has also recognized that money generated under leases of State Forest land for natural gas removal remains part of the trust and must be spent solely to conserve and maintain our public natural resources. The court has also recognized that our state government, as the trustee of the natural resources of our State Forest, has the fiduciary duty to prevent and remedy degradation, diminution and depletion of these natural resources. Thus, the court declared that the transfers to the General Fund of $383 million generated under State Forest leases for natural gas removal were unconstitutional because these funds were spent for general state government expenses and not solely to conserve and maintain our public natural resources.
Despite these important successes, key issues remain to ensure the natural resources of our State Forest are protected. PEDF will be filing two new actions in 2024 in its continuing effort to ensure our state government fulfills its trustee duties to PEDF members, as well as future generations of Pennsylvanians.
Assault on the Natural Resources of Our State Forest
Our State Forest was created out of devastation. A century ago, trees hundreds of years old in the forest across much of Pennsylvania’s norther tier were clearcut. Fires were rampant as the slash left behind dried and burned. Soil eroded from mountain sides that no longer had tree cover to slow the rainfall. The streams flowing through these lands were clogged with sediment. Wildlife and fisheries were gone.
For more than a century, the people of Pennsylvania have supported acquiring undeveloped lands that were previously part of the state’s majestic forest ecosystem to restore these lands to healthy forest ecosystems. Our State Forest today is a testament to the efforts of many and the resilience of nature. But the 1.5 million acres of largely contiguous State Forest in northcentral Pennsylvania - a unique forest of unparalleled value in both Pennsylvania and the northeastern U.S. - are again under assault.
The Marcellus natural gas boom that began in 2009 has fragmented the forest, converting an extensive acreage to non-forest and degrading even more acreage of core forest vital to its ecological functions and overall health. Over 600,000 acres of our State Forest in northcentral Pennsylvania are currently subject to natural gas removal.
The expansion of all-terrain vehicle (ATV) recreational riding in our State Forest, particularly the rapid expansion initiated in 2021, is degrading the ecology of the forest even more. For the past twenty years, the Pennsylvania Department of Conservation and Natural Resources (DCNR) has found ATV use to be incompatible with the ecology of our State Forest and other low impact, low density recreational uses it has long supported. But DCNR is now mandated to expand ATV use throughout the State Forest, as well as within State Parks within the State Forest.
New Legal Actions Needed to Restore Our State Forest
When added to the existing degradation of our State Forest from past and other ongoing uses that have not been remedied, our State Forest is at a tipping point. PEDF is filing a new petition with the Commonwealth Court to stop the continued spending of money from State Forest oil and gas leases to pay for DCNR’s annual budget rather than for the many actions needed to restore the ecology of our State Forest. PEDF will also ask the court to require the repayment of the money spent in violation of our constitution to restore our State Forest. Finally, PEDF is filing a new petition to ask the Commonwealth Court to find that the ATV recreational riding occurring on our State Forest and State Park trust lands is not compatible with the state’s trustee duties to conserve and maintain these natural resources.
December 21, 2023
Our Address Has Changed!
As of December 21, 2023, please send all postal mail to:
PEDF
PO Box 56
Bellefonte, PA 16823-0056
As always, thank you for your continuing support of PEDF!
We will be in touch with important updates in 2024!
May 15, 2023
It’s not just about ATVs.
PEDF’s latest Appellant Brief to Pennsylvania's Supreme Court
is about a whole. lot. more.
Such as:
- Are Pennsylvania’s Governor and Legislature REALLY above Constitutional law?
- Does Commonwealth Court have the right to ignore rulings of the Supreme Court?
- Can Commonwealth Court render the Environmental Rights Amendment (Article I, Section 27) meaningless?
Commonwealth Court seems to think so.
PEDF disagrees.
“All branches of state government serve as co-trustees under the ERA with fiduciary duties to conserve and maintain our state forest and park public natural resources, to protect their clean air and pure water, and to preserve their natural, scenic, historic and esthetic values.”
So state John Childe and Kimberly Childe, attorneys for PEDF, seeking ERA clarification and substance, and relief that the Governor and Legislature violated the ERA and breached their trustee duties. Read the Appellant Brief here.
So state John Childe and Kimberly Childe, attorneys for PEDF, seeking ERA clarification and substance, and relief that the Governor and Legislature violated the ERA and breached their trustee duties. Read the Appellant Brief here.
February 2023
Where have all the forests gone?
Long time passing.
Will they (the Commonwealth and the Governor)
EVER learn, and abide by Constitutional law?
(lament with a nod to Pete Seeger's "Where have all the flowers gone?")
PEDF again takes action against the Commonwealth of Pennsylvania and its Governor for breaching their trustee duties by continuing to authorize spending DCNR’s Oil and Gas Lease Fund revenues for unconstitutional purposes.
PEDF attorneys John Childe and Kimberly Childe have filed an Amendment to Petition for Review in the Nature of Declaratory Relief in Commonwealth Court for violations of Article I Section 25 and Article I Section 27 (Environmental Rights Amendment) of the State Constitution. The Oil and Gas Lease Fund revenues are being used for non-conservation, non-trust purposes, thus endangering Pennsylvania’s treasured public forest lands and ignoring the rights of its beneficiaries. Click on the blue Amendment to Petition above to read this clear and comprehensive document for its litigious and historical value.
Representative Impacts of Marcellus Shale Gas Development
and ATV Damage in the State Forest
Hover cursor over photo for State Forest location.
October 2022
ATVs in the State Forest
and
Holding DCNR Accountable
READ ON!
ATV Playground or The People's Forest?
High impact ATV "Trail," Haneyville, Tiadaghton State Forest Low Impact Hiking Trail, Susquehannock State Forest
In the end, can we have both?
PEDF believes WE CANNOT and, on December 10, 2021, filed suit (see attached Petition for Review) against the Commonwealth of Pennsylvania to stop the unlawful destruction of our State forests through the development and expansion of an ATV trail system throughout
Northcentral Pennsylvania.
How Could This Be Happening?
In 1985, DER and now DCNR was mandated to register ATVs and develop ATV trails. In 1986, DER was mandated to approve 222 miles of ATV trails that had been created primarily by ATV users. Subsequently, the eighteen-mile Haneyville ATV Trail System, Tiadaghton State Forest, was developed, questionably adjacent to the Miller Run Natural Area.
In July and August, 2021, a PEDF volunteer walked six-and-one-half miles of this trail system and documented forty-four mudholes, forty-eight trail bypasses, and 109 areas of trail destruction. These included deeply rutted, wet and eroded areas, some of which were two-and-one-half feet deep; trail widening from six feet to twenty feet; running water in the trail ruts; and areas of multiple bypasses. In some places, the original trail was all but impossible to identify. This type of activity causes further devastation to the integrity of the forest as the trails fragment what had been undisturbed ground; promotes invasive species; compacts the soil; and fills the air with roar, dust, and exhaust. There are miles of this degradation at Haneyville alone. In 2001, DCNR imposed a moratorium on development of new ATV trails on State land.
Northcentral Pennsylvania.
How Could This Be Happening?
In 1985, DER and now DCNR was mandated to register ATVs and develop ATV trails. In 1986, DER was mandated to approve 222 miles of ATV trails that had been created primarily by ATV users. Subsequently, the eighteen-mile Haneyville ATV Trail System, Tiadaghton State Forest, was developed, questionably adjacent to the Miller Run Natural Area.
In July and August, 2021, a PEDF volunteer walked six-and-one-half miles of this trail system and documented forty-four mudholes, forty-eight trail bypasses, and 109 areas of trail destruction. These included deeply rutted, wet and eroded areas, some of which were two-and-one-half feet deep; trail widening from six feet to twenty feet; running water in the trail ruts; and areas of multiple bypasses. In some places, the original trail was all but impossible to identify. This type of activity causes further devastation to the integrity of the forest as the trails fragment what had been undisturbed ground; promotes invasive species; compacts the soil; and fills the air with roar, dust, and exhaust. There are miles of this degradation at Haneyville alone. In 2001, DCNR imposed a moratorium on development of new ATV trails on State land.
More images from the Haneyville ATV Trail System showing deep ruts and invasive Japanese stiltgrass, mudholes, bypasses, and unauthorized trails.
But then . . .
More mandates in 2018 and 2020 required DCNR and PennDOT to “implement the full Northcentral Pennsylvania ATV initiative and create a network of ATV trails connecting Clinton County to the New York
border. . .” and to establish a Regional ATV Pilot Program for State forests and parks. https://www.dcnr.pa.gov/Recreation/WhatToDo/ATVRiding/ATVRegionalTrailConnectorPilot/Pages/default.aspx
These mandates are open-ended, with no real constraints to trail development or evaluation of environmental and safety impacts to the forests, the communities they pass through, or the public at large. Economic development and the desire for speed and distance seem to be the driving factors. But in the nearly twenty years the Bloody Skillet ATV Trail in the Sproul State Forest has been in use, not one commercial business is visible today in either of the trailhead communities of Orviston or Monument. Extensive other degradation exists throughout the Susquehannock ATV Trail, the Whiskey Springs ATV Trail, and unauthorized “renegade” ATV trails in the Hammersley and Morris Run areas.
The Central Mountains ATV Association’s website (http://cmatva.org/site/ncpa-initiative/) has a map of existing and proposed ATV trails throughout Northcentral Pennsylvania. “Revised 9/2021,” the map shows “Proposed Connector data provided by Larson Design Group and PaDCNR.” Who or what is to keep ATVers from traveling off trail to the many other roads and trails throughout the State forest? Has money adequately been allocated to police and maintain trails wherever the ATVers might decide to go, authorized or not? What is the real, long-term cost of this Pilot Connector and of all DCNR ATV trails?
PEDF believes ATV trails to be contrary to a healthy forest ecosystem and to the people’s rights guaranteed under Article 1 Section 27 of our State Constitution.
Addendum and Stay
As if the ATV Pilot Program weren’t enough, on April 11, 2022, announcement was made of a $1.2 million grant to develop approximately 1.25 miles of ATV connector trail between the Whiskey Springs and Bloody Skillet ATV Trails, Renovo area, Clinton County (https://www.media.pa.gov/pages/DCNR_details.aspx?newsid=843). As a result, PEDF attorney John Childe filed Addendum to Petition for Review and Application for Stay.
As Constitutionally mandated, the Commonwealth of Pennsylvania and DCNR are trustees of our State lands.
Is this their ATV legacy?
Holding DCNR Accountable!
On August 5, 2022, the Supreme Court rejected PEDF’s arguments about not using the Oil and Gas Lease Fund for DCNR operations. PEDF was disappointed but not surprised. The Court’s decision was based on five separate opinions. Justice Behr wrote the majority, finding that there was not enough information to declare that the Appropriations Acts were clearly unconstitutional on their face. There were two concurring/dissenting opinions arguing that there were. PEDF believes that part of the underlying causes of our loss has to do with the unrelenting opposition from the Commonwealth Court, the legislature, and the governor to accept any limitations from the two Supreme Court Opinions to the use of the funds.
PEDF believes that there are clear guidelines for the concurring/dissenting opinions to move forward with the existing case we have before the Commonwealth on the 2019/2020 Appropriations Acts, including with them the most recent 2022 Appropriations Act, which has the legislature taking over $100,000,000 from the Oil and Gas Fund, $57,000,000 of which goes to constructing three new parks, including one new ATV park.
PEDF responded with an appeal for an accounting of DCNR’s use of the Oil and Gas Leas Fund monies.
Jumping ahead, on October 11, 2022, Attorney Childe filed PEDF’s answer to the Commonwealth’s motion to dismiss the accounting request. Please read this. It will help explain the rather complicated August 5, 2022 Supreme Court Opinion in relation to the Commonwealth Court Opinion that we had appealed. PEDF believes it reveals a growing consensus between the two courts on DCNR's use of the Oil and Gas Lease Funds for their General Operations, and ultimately on the need to define what "conserve and maintain" (Article I, Section 27, Pennsylvania Constitution) means.
PEDF believes that there are clear guidelines for the concurring/dissenting opinions to move forward with the existing case we have before the Commonwealth on the 2019/2020 Appropriations Acts, including with them the most recent 2022 Appropriations Act, which has the legislature taking over $100,000,000 from the Oil and Gas Fund, $57,000,000 of which goes to constructing three new parks, including one new ATV park.
PEDF responded with an appeal for an accounting of DCNR’s use of the Oil and Gas Leas Fund monies.
Jumping ahead, on October 11, 2022, Attorney Childe filed PEDF’s answer to the Commonwealth’s motion to dismiss the accounting request. Please read this. It will help explain the rather complicated August 5, 2022 Supreme Court Opinion in relation to the Commonwealth Court Opinion that we had appealed. PEDF believes it reveals a growing consensus between the two courts on DCNR's use of the Oil and Gas Lease Funds for their General Operations, and ultimately on the need to define what "conserve and maintain" (Article I, Section 27, Pennsylvania Constitution) means.
PEDF Wins in Supreme Court Again!
July 21, 2021
PEDF attorney John Childe has once again prevailed
with a clear win for Pennsylvania's Environmental Amendment
and the rights of the people under Constitutional law.
John Childe at the Supreme Court door, Philadelphia, March 9, 2016
Attorney Childe stated, "The Supreme Court Opinion issued today, identified by the Court as PEDF IV, affirms our belief that all funds from the oil and gas leases, including the royalties, bonus and rental payments, are part of the public trust, and must be used to conserve and maintain the public natural resources, including our State Forest. This decision ends the four-year battle against the Governor over the use of the bonus and rental payments, which have amounted to over $500,000,000.00 over the past ten years. Today's Opinion finally ends the twelve-year battle PEDF has waged to stop degrading our State Forest for revenue from oil and natural gas reserves to supplement the General Fund.
"The Supreme Court PEDF IV Opinion today reverses the decision of the Commonwealth Court finding that Article I Section 27 allows the Commonwealth to lease our State Forest for income. It reaffirms that the Commonwealth's role regarding our public natural resources is that of trustee. It reaffirms that the Commonwealth has no proprietary interest in those resources. And, it reaffirms that any decision the Commonwealth makes regarding the uses of our State Forest must be based on protecting the rights of the people to the clean air and preservation of the natural, scenic, historic and esthetic values of our public natural resources."
To read the Opinion, please click here.
A huge and heartfelt THANK YOU! to our loyal members
and all who have contributed to the continued success of our litigation.
YOU, the people of Pennsylvania, and our public lands are the winners!
and all who have contributed to the continued success of our litigation.
YOU, the people of Pennsylvania, and our public lands are the winners!
Springtime in the Loyalsock State Forest
And yet, on other fronts . . .
Will this be the future of Pennsylvania's public lands?
More and More Miles of ATV Trails,
adding Potential Harm to the Landscape and to People?
PEDF has recently learned that Governor Wolf and the PA General Assembly have adopted new legislation to mandate that DCNR develop and construct ATV trails throughout Pennsylvania's State Forest System in Northcentral Pennsylvania. Background for this mandate, as well as graphics, can be found on this website, cmatva.org/site/wp-content/uploads/2020/01/12-2018-NCPA-ATV-Initiative-update-.pdf
On November 23, 2020, the Governor and the General Assembly adopted Section 1720-E of the attached 2020 Fiscal Code.
Section 1720-E(a)(1) requires that DCNR develop, open and maintain an ATV trail connecting the Whiskey Springs ATV Trail with the Bloody Skillet ATV Trail by utilizing existing State (PennDOT) roads and State forest roads by April 1, 2020.
Section 1720-E(a)(2) requires DCNR to implement the full Northcentral Pennsylvania initiative and create a network of ATV trails that would connect Clinton County to the New York State border by using State (PennDOT) and State forest roads by April 1, 2024.
Section 1720-E(b)(1) requires DCNR to establish a regional pilot permit program for ATV use on DCNR lands (State forests and State parks).
Section 1720-E(b)(2) requires DCNR, as part of the pilot program, by December 31, 2020 to do the following:
PEDF is considering challenging these mandates.
Just prior to the adoption of these fiscal code amendments, DCNR published the attached policy statement on ATV trails.
On November 23, 2020, the Governor and the General Assembly adopted Section 1720-E of the attached 2020 Fiscal Code.
Section 1720-E(a)(1) requires that DCNR develop, open and maintain an ATV trail connecting the Whiskey Springs ATV Trail with the Bloody Skillet ATV Trail by utilizing existing State (PennDOT) roads and State forest roads by April 1, 2020.
Section 1720-E(a)(2) requires DCNR to implement the full Northcentral Pennsylvania initiative and create a network of ATV trails that would connect Clinton County to the New York State border by using State (PennDOT) and State forest roads by April 1, 2024.
Section 1720-E(b)(1) requires DCNR to establish a regional pilot permit program for ATV use on DCNR lands (State forests and State parks).
Section 1720-E(b)(2) requires DCNR, as part of the pilot program, by December 31, 2020 to do the following:
- (i) evaluate State forest districts, including Elk, Moshannon, Sproul, Susquehannock, and Tioga, for roads and trails to serve as potential regional connectors and to provide local access or serve as a trail complex for ATV use; and
- (ii) perform an assessment regarding charging fees for access to the DCNR pilot area.
- AND MORE (Please see attached 2020 Fiscal Code).
PEDF is considering challenging these mandates.
Just prior to the adoption of these fiscal code amendments, DCNR published the attached policy statement on ATV trails.
PEDF Annual Meeting 2021
PEDF members and supporters are invited to join our Annual Meeting via Zoom.
If you would like to participate, please email us at [email protected]
and we'll send you the ID and passcode.
Topic: Ron Evans' Zoom Meeting
Time: May 24, 2021 4:00 PM Eastern Time (US and Canada)
Join Zoom Meeting: us04web.zoom.us/j/77512736398?pwd=dUFrSGo5SGE1dmpzTW9vT0QzU20xUT09
If you would like to participate, please email us at [email protected]
and we'll send you the ID and passcode.
Topic: Ron Evans' Zoom Meeting
Time: May 24, 2021 4:00 PM Eastern Time (US and Canada)
Join Zoom Meeting: us04web.zoom.us/j/77512736398?pwd=dUFrSGo5SGE1dmpzTW9vT0QzU20xUT09
PA Government Is Ignoring the Commonwealth’s Supreme Court
by PEDF President Ron Evans
Reportedly, when Andrew Jackson disagreed with a decision of the Supreme Court’s Chief Justice, he said, “John Marshall has made his decision. Now let him enforce it”. All three branches of Commonwealth government said the equivalent regarding a ruling the PA Supreme Court made in June 2017. At that time the court ruled in favor of the Pennsylvania Environmental Defense Foundation (PEDF) who was suing the governor for not enforcing the environmental amendment of the PA Constitution. Article 1, Section 27 of the Constitution states “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”
PEDF’s suit specifically contended that the governor and legislature were ignoring the amendment in the management of state parks and forests. The governor and the legislature have viewed and continue to view the state’s forests as a commodity to be used as they see fit. The PA Supreme Court decision in PEDF’s case clearly stated that the amendment means state lands and resources are owned by the citizens of the Commonwealth in the form of a public trust. In addition, the trust includes any money gained from the sale of the resources. The Supreme Court ruled that the role of government at all levels is to act as a trustee of the public trust by conserving and maintaining public lands and resources.
The legislative and executive branch’s abrogation of their responsibilities as trustees becomes especially damaging with the rush to drill for natural gas in the Marcellus Shale region of the state. In the Pennsylvania Wilds region of PA there are 1.6 million acres of state forest land. Over one third of the public land in the northcentral part of the state is currently under lease The governor and legislature have not permanently banned additional drilling on public lands, even though the Department of Conservation and Natural Resources has stated that any additional drilling will endanger fragile ecologies.
Starting with the Rendell administration, approximately $1.2 billion have been taken out of the public trust and diverted to the General Fund. The Oil and Gas Lease Fund (OGLF) was established to pay for any mitigation needed to repair damages caused by the extraction of natural resources. Currently the OGLF contains fees from drilling leases and royalties for the natural gas extracted. The PA Supreme Court deemed that the OGLF is part of the public trust and can only be used to conserve and protect this public trust. Governor Wolfe and the legislature continue to ignore the PA Supreme Court decision by diverting $61 million from the OGLF to the General Fund for the 2020-21 budget.
Consequently, PEDF filed another suit specific to the diversion of OGLF money to the General Fund. After a two-year wait, Commonwealth Court has ignored the decision of the PA Supreme Court by ruling that some of the OGLF can be used to fund the operation of state departments and agencies. Now all three branches of state government are complicit in ignoring the PA Supreme Court decision in the PEDF case. PEDF is appealing the ruling to the PA Supreme Court.
The Department of Conservation and Natural Resources (DCNR), the agency charged with conserving and protecting public lands is ignoring the PA Supreme Court. In 1995, DCNR’s Bureau of Forestry developed an overall strategy for the state forests. In the strategy, the Bureau undertook a significant change in philosophy. It rejected the philosophy of multiple use which had guided the Bureau’s policies and decisions to that point. Instead of multiple use, the strategy adopted the philosophy of ecosystem management. Multiple use means that a variety of activities, including extraction of natural resources, are legitimate uses of the forests. The adoption of a philosophy of ecosystem management is a 180 degree change from multiple use. Ecosystem management means meeting both ecological and human needs. In other words, an activity that meets a human need but damages the ecology is antithetical to sound ecosystem management. The 2016 Plan for state forests reverts to a multiple use approach in which DCNR functions more like an owner of the resources, not as a trustee as mandated by the PA Supreme Court. The plan states that oil and gas extraction is a legitimate use of public natural resources. Initially, PEDF engaged in discussions with DCNR to get them to change the plan to be consistent with the PA Supreme Court decision. DCNR refused to make the change, so PEDF is challenging the plan in court.
In 1971 the legislature passed, the governor signed, and the citizens ratified a visionary amendment to the Commonwealth’s constitution. For almost 50 years, state government largely ignored its responsibility to act as a trustee of a public trust consisting of public lands and resources. In 2017 the PA Supreme Court made an unambiguous ruling mandating that government fulfill its trustee responsibilities. However, all three branches continue to ignore the ruling. As citizens and owners of the public trust, we cannot allow this undemocratic challenge to a PA Supreme Court decision to persist.
PEDF’s suit specifically contended that the governor and legislature were ignoring the amendment in the management of state parks and forests. The governor and the legislature have viewed and continue to view the state’s forests as a commodity to be used as they see fit. The PA Supreme Court decision in PEDF’s case clearly stated that the amendment means state lands and resources are owned by the citizens of the Commonwealth in the form of a public trust. In addition, the trust includes any money gained from the sale of the resources. The Supreme Court ruled that the role of government at all levels is to act as a trustee of the public trust by conserving and maintaining public lands and resources.
The legislative and executive branch’s abrogation of their responsibilities as trustees becomes especially damaging with the rush to drill for natural gas in the Marcellus Shale region of the state. In the Pennsylvania Wilds region of PA there are 1.6 million acres of state forest land. Over one third of the public land in the northcentral part of the state is currently under lease The governor and legislature have not permanently banned additional drilling on public lands, even though the Department of Conservation and Natural Resources has stated that any additional drilling will endanger fragile ecologies.
Starting with the Rendell administration, approximately $1.2 billion have been taken out of the public trust and diverted to the General Fund. The Oil and Gas Lease Fund (OGLF) was established to pay for any mitigation needed to repair damages caused by the extraction of natural resources. Currently the OGLF contains fees from drilling leases and royalties for the natural gas extracted. The PA Supreme Court deemed that the OGLF is part of the public trust and can only be used to conserve and protect this public trust. Governor Wolfe and the legislature continue to ignore the PA Supreme Court decision by diverting $61 million from the OGLF to the General Fund for the 2020-21 budget.
Consequently, PEDF filed another suit specific to the diversion of OGLF money to the General Fund. After a two-year wait, Commonwealth Court has ignored the decision of the PA Supreme Court by ruling that some of the OGLF can be used to fund the operation of state departments and agencies. Now all three branches of state government are complicit in ignoring the PA Supreme Court decision in the PEDF case. PEDF is appealing the ruling to the PA Supreme Court.
The Department of Conservation and Natural Resources (DCNR), the agency charged with conserving and protecting public lands is ignoring the PA Supreme Court. In 1995, DCNR’s Bureau of Forestry developed an overall strategy for the state forests. In the strategy, the Bureau undertook a significant change in philosophy. It rejected the philosophy of multiple use which had guided the Bureau’s policies and decisions to that point. Instead of multiple use, the strategy adopted the philosophy of ecosystem management. Multiple use means that a variety of activities, including extraction of natural resources, are legitimate uses of the forests. The adoption of a philosophy of ecosystem management is a 180 degree change from multiple use. Ecosystem management means meeting both ecological and human needs. In other words, an activity that meets a human need but damages the ecology is antithetical to sound ecosystem management. The 2016 Plan for state forests reverts to a multiple use approach in which DCNR functions more like an owner of the resources, not as a trustee as mandated by the PA Supreme Court. The plan states that oil and gas extraction is a legitimate use of public natural resources. Initially, PEDF engaged in discussions with DCNR to get them to change the plan to be consistent with the PA Supreme Court decision. DCNR refused to make the change, so PEDF is challenging the plan in court.
In 1971 the legislature passed, the governor signed, and the citizens ratified a visionary amendment to the Commonwealth’s constitution. For almost 50 years, state government largely ignored its responsibility to act as a trustee of a public trust consisting of public lands and resources. In 2017 the PA Supreme Court made an unambiguous ruling mandating that government fulfill its trustee responsibilities. However, all three branches continue to ignore the ruling. As citizens and owners of the public trust, we cannot allow this undemocratic challenge to a PA Supreme Court decision to persist.
Commonwealth Court "off the rails"?
Has the Commonwealth Court “gone off the rails”?
Or is it just plain insubordinate and audacious in challenging the Supreme Court’s 2017 ruling
in favor of PEDF, the Environmental Amendment, and our state lands?
Please click here to read John Childe’s latest Brief to the Pennsylvania Supreme Court answering
1) the recent Commonwealth Court decision, and 2) asserting our arguments
regarding bonus and rental payments with royalties as included in the corpus of the public trust
under Article I Section 27 of Pennsylvania's Constitution.
Or is it just plain insubordinate and audacious in challenging the Supreme Court’s 2017 ruling
in favor of PEDF, the Environmental Amendment, and our state lands?
Please click here to read John Childe’s latest Brief to the Pennsylvania Supreme Court answering
1) the recent Commonwealth Court decision, and 2) asserting our arguments
regarding bonus and rental payments with royalties as included in the corpus of the public trust
under Article I Section 27 of Pennsylvania's Constitution.
Bay Journal "gets it."
Sincere thanks and kudos to Ad Crable and the Bay Journal for his outstanding December 2019 article
"Group sues PA for violating state's Environmental Rights Amendment."
After going on fifty years since its passage by the citizens of the Commonwealth, the plain meaning of this amendment
and its implications are still moving through the courts, and the reason is painfully obvious -- politics and money.
Led by attorney John Childe, PEDF continues the battle to protect and preserve our State lands.
Read the article here.
"Group sues PA for violating state's Environmental Rights Amendment."
After going on fifty years since its passage by the citizens of the Commonwealth, the plain meaning of this amendment
and its implications are still moving through the courts, and the reason is painfully obvious -- politics and money.
Led by attorney John Childe, PEDF continues the battle to protect and preserve our State lands.
Read the article here.
PEDF Sues DCNR
It’s a pathetic state of affairs when the agency created to protect and preserve our public lands
under Article I Section 27 Constitutional mandate
not only fails to do so
but also backs up this action with obvious and unconstitutional political justification.
At it again in the public interest, PEDF attorney John Childe clearly and thoroughly explains
why DCNR and Secretary Cindy Adams Dunn must be held accountable for their actions.
Why DCNR and Secretary Dunn must come up with a workable plan
to not only rectify the extensive damage already done by unconventional gas drilling in our State forests,
but also prevent this damage in the future.
Read the Petition here.
Above the Law?
Is Pennsylvania's Supreme Court Being Ignored?
The irony of it all -- Commonwealth of Pennsylvania (COP) Tract 729 Pad E, 265 Fallen Timber Road, Tiadaghton State Forest
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January 2, 2018: Without hesitation, PEDF attorney John Childe is at it again, asking the state's highest court for help again today in fighting to conserve Pennsylvania's public forest and park lands. PEDF obtained a landmark ruling from the Pennsylvania Supreme Court six months ago. The court declared that money from the sale of natural resources such as natural gas on Pennsylvania’s public forest and park lands cannot be used to fill gaps in the state budget. |
PEDF has today filed with the Supreme Court a Petition for Extraordinary Jurisdiction. After its landmark ruling in June, the high court returned the case to the Commonwealth Court with direction to address the issues raised by PEDF consistent with the high court’s ruling. The Commonwealth Court has not taken any action to date, and the latest budget, which was finalized after the high court’s ruling, spends at least $96 million from the sale of public natural resources to pay general government expenses for the current budget year.
Under Pennsylvania’s constitution, public forest and park lands are part of a public trust owned by the people of Pennsylvania. The government must protect the natural resources of this public trust and cannot sell them to balance the budget, as it has done since 2009. Yet the budget just finalized for this fiscal year continues this trend. To date, more than $1.1 billion from the sale of public natural resources has been used to fill gaps in the state budget.
PEDF argues in its filing that without the high court’s oversight, the government will not heed its ruling and will continue to degrade public forest and park natural resources to balance the budget. New budget negotiations for the upcoming fiscal year begin in February.
Under Pennsylvania’s constitution, public forest and park lands are part of a public trust owned by the people of Pennsylvania. The government must protect the natural resources of this public trust and cannot sell them to balance the budget, as it has done since 2009. Yet the budget just finalized for this fiscal year continues this trend. To date, more than $1.1 billion from the sale of public natural resources has been used to fill gaps in the state budget.
PEDF argues in its filing that without the high court’s oversight, the government will not heed its ruling and will continue to degrade public forest and park natural resources to balance the budget. New budget negotiations for the upcoming fiscal year begin in February.
Are Governor Wolf and the General Assembly above the law?
We still need your help!
Forty-seven years ago, the people of Pennsylvania voted four to one in favor of clean air and pure water and all that Article I § 27 of our State Constitution stands for. We needed it then. We need it even more now. Please help! Click here.
Filing: Part of 2017 State Budget Unconstitutional!?
July 5, 2017: Today, PEDF attorney John Childe filed an application in Commonwealth Court for declaration that part of the 2017 Appropriations Act is unconstitutional and invalid per the June 20, 2017 Supreme Court ruling. To read the Application, click here or go to Current Litigation.
Pennsylvania's State Forests and Parks
SAVED BY THE SUPREME COURT!
A Really, Really Big Deal!
 PEDF attorney John Childe and the June 20, 2017 historic Supreme Court Opinion
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What Does the Supreme Court Opinion Really Mean?
Read on. Pennsylvania’s State Forests and Parks were in dire trouble in 2011, and the PEDF knew it. The Marcellus Shale gas industry had already wrought enormous and irreparable destructive changes in the State Forest, and there was much more to come. Entrusted to “all the people” . . . “for generations yet to come” by the Environmental Amendment of the State Constitution (Article I, § 27), the resources, values and integrity of the people’s lands were in imminent danger of being lost for all time when the unconventional gas industry came knocking. So, as they had done since 1986 when environmental rights action needed to be taken . . . and with an all-volunteer organization and very limited resources, the PEDF board called upon their attorney, John Childe . . . and jumped into the abyss. |
In March 2012, he filed legal action against the Governor and the Commonwealth. For five long years,
he persevered through petitions, objections, denial, arguments, reargument, and more.
It seemed like PEDF v. Goliath. But Childe was up to it.
As he had done for PEDF and the people of Pennsylvania, time and again, for over three decades,
and with the wisdom, knowledge, and intrepidity of the Supreme Court Justices,
he came through with A REALLY, REALLY BIG DEAL!
To read in Childe’s words how and why this all happened, please click here.
To read about current and critical follow up to this landmark decision, please go to Current Litigation.
For Childe’s summary of the Supreme Court Findings, please keep reading below.
Even with this win, there is much yet to be done,
and PEDF still needs your help!
Nearly all contributions fund our litigation.
Please DONATE! Click here.
he persevered through petitions, objections, denial, arguments, reargument, and more.
It seemed like PEDF v. Goliath. But Childe was up to it.
As he had done for PEDF and the people of Pennsylvania, time and again, for over three decades,
and with the wisdom, knowledge, and intrepidity of the Supreme Court Justices,
he came through with A REALLY, REALLY BIG DEAL!
To read in Childe’s words how and why this all happened, please click here.
To read about current and critical follow up to this landmark decision, please go to Current Litigation.
For Childe’s summary of the Supreme Court Findings, please keep reading below.
Even with this win, there is much yet to be done,
and PEDF still needs your help!
Nearly all contributions fund our litigation.
Please DONATE! Click here.
Findings of the Supreme Court
1. The standard for review of challenges of government actions under Article I § 27 is the text of the amendment itself as well as the underlying principles of Pennsylvania trust law in effect at the time of the enactment.
(This is a really big deal. Pennsylvania is the first in the nation to have an enforceable trust under the Constitution.)
2. The Payne v. Kassab three-prong test of the Commonwealth Court to determine compliance of government actions with Article I § 27 has been overturned, thus eliminating forty-three years of precedent, and opening the door to significant changes on how environmental laws are enforced and permits are issued.
(This is a really big deal. It precludes the Legislature from controlling the meaning of the Environmental Amendment.)
3. The second sentence of the Environmental Amendment establishes that the people own the public natural resources, not the Commonwealth.
(This is a big deal. It eliminates all previous common law public trust precedent, and precludes “balancing” protecting the resources with other Commonwealth duties. No more “Thumb on the Scale.”)
4. The third sentence of the Environmental Amendment establishes a public trust.
5. The terms “trust” and “trustee” carry their legal implications, their fiduciary duties.
(This is a really big deal. It pins down the Commonwealth greatly by requiring compliance with legal authority of the trustee duties.)
6. All agencies of the Commonwealth, both statewide and local, have a fiduciary duty to act toward the corpus of the trust, the public natural resources, with prudence, loyalty and impartiality.
(This eliminates the Commonwealth Court theory that there is only one trustee, the Commonwealth. All agencies of the Commonwealth must comply with fiduciary duties.)
7. The Commonwealth may not act as proprietor of our resources, only as trustee.
(Again, this reverses a century of belief that the Commonwealth owns the property and the people have only equitable interest.)
8. The standard for determining compliance is based on the plain meaning of “conserve and maintain,” which implicates a duty to prevent and remedy the degradation, diminution or depletion of our natural resources.
(This is a really big deal. There is no limitation of this duty to be based on “reasonable” degradation, diminution or depletion. This establishes a stringent standard to be met to be in compliance with the terms of the trust.)
9. This duty is an affirmative duty to prohibit the degradation, etc.
10. The trustee must also act affirmatively to pass such laws as will best preserve the subject of the trust, and secure its beneficial use in the future to the people of the state.
(This is another big break. The Legislature and the Department of Environmental Protection are much more limited to providing real protection of our air and water.)
11. Proceeds from the sale of natural gas and oil are part of the corpus of the trust and must remain part of the trust.
(This is a big, big deal. All royalties from oil and gas must stay as part of the trust, and be used only to conserve and maintain the natural resources. Hundreds of millions of dollars, if not billions, must be used for conservation and maintenance of our public natural resources.)
12. The Supreme Court wants the Commonwealth Court to determine if lease and bonus payments are also assets of the trust.
13. Sections 1602 and 1603 of the Fiscal Code are unconstitutional.
(This is a really big decision, to find statutory provisions in violation of the Environmental Amendment.)
1. The standard for review of challenges of government actions under Article I § 27 is the text of the amendment itself as well as the underlying principles of Pennsylvania trust law in effect at the time of the enactment.
(This is a really big deal. Pennsylvania is the first in the nation to have an enforceable trust under the Constitution.)
2. The Payne v. Kassab three-prong test of the Commonwealth Court to determine compliance of government actions with Article I § 27 has been overturned, thus eliminating forty-three years of precedent, and opening the door to significant changes on how environmental laws are enforced and permits are issued.
(This is a really big deal. It precludes the Legislature from controlling the meaning of the Environmental Amendment.)
3. The second sentence of the Environmental Amendment establishes that the people own the public natural resources, not the Commonwealth.
(This is a big deal. It eliminates all previous common law public trust precedent, and precludes “balancing” protecting the resources with other Commonwealth duties. No more “Thumb on the Scale.”)
4. The third sentence of the Environmental Amendment establishes a public trust.
5. The terms “trust” and “trustee” carry their legal implications, their fiduciary duties.
(This is a really big deal. It pins down the Commonwealth greatly by requiring compliance with legal authority of the trustee duties.)
6. All agencies of the Commonwealth, both statewide and local, have a fiduciary duty to act toward the corpus of the trust, the public natural resources, with prudence, loyalty and impartiality.
(This eliminates the Commonwealth Court theory that there is only one trustee, the Commonwealth. All agencies of the Commonwealth must comply with fiduciary duties.)
7. The Commonwealth may not act as proprietor of our resources, only as trustee.
(Again, this reverses a century of belief that the Commonwealth owns the property and the people have only equitable interest.)
8. The standard for determining compliance is based on the plain meaning of “conserve and maintain,” which implicates a duty to prevent and remedy the degradation, diminution or depletion of our natural resources.
(This is a really big deal. There is no limitation of this duty to be based on “reasonable” degradation, diminution or depletion. This establishes a stringent standard to be met to be in compliance with the terms of the trust.)
9. This duty is an affirmative duty to prohibit the degradation, etc.
10. The trustee must also act affirmatively to pass such laws as will best preserve the subject of the trust, and secure its beneficial use in the future to the people of the state.
(This is another big break. The Legislature and the Department of Environmental Protection are much more limited to providing real protection of our air and water.)
11. Proceeds from the sale of natural gas and oil are part of the corpus of the trust and must remain part of the trust.
(This is a big, big deal. All royalties from oil and gas must stay as part of the trust, and be used only to conserve and maintain the natural resources. Hundreds of millions of dollars, if not billions, must be used for conservation and maintenance of our public natural resources.)
12. The Supreme Court wants the Commonwealth Court to determine if lease and bonus payments are also assets of the trust.
13. Sections 1602 and 1603 of the Fiscal Code are unconstitutional.
(This is a really big decision, to find statutory provisions in violation of the Environmental Amendment.)
Breaking News!
Victory for Pennsylvania's Public Lands!
June 20, 2017: In a historic, landmark decision issued today, Pennsylvania's Supreme Court ruled in favor of PEDF's lawsuit to uphold the Environmental Amendment (Article I Section 27) and the role of state government as trustee of the state's public lands and natural resources. In a majority Opinion (please click on the blue link to read the document), the Supreme Court solidified a broad interpretation of the Amendment, reversing a narrower 2015 interpretation by the Commonwealth Court.
The beneficiaries of this ruling, for "generations yet to come," are the people of Pennsylvania, YOU.
John Childe, PEDF's attorney, initiated and persevered through more than five years of this litigation,
concluding with oral argument in March 2016.
John Childe, PEDF's attorney, initiated and persevered through more than five years of this litigation,
concluding with oral argument in March 2016.
A heartfelt THANK YOU to everyone who supported PEDF in this endeavor! You made it possible!
But there is more work yet to be done.
We will be posting updates, and we still need your help!
To Donate, please click here.
But there is more work yet to be done.
We will be posting updates, and we still need your help!
To Donate, please click here.
Rhododendron forest and stream along Quehanna Trail, Moshannon and Elk State Forests
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John Childe on historic ruling: "The PEDF is grateful that, after 45 years since enactment, the Supreme Court has finally adopted Article I Section 27 as a viable trust for our public natural resources. The Court has mandated that the Commonwealth must manage and protect our public natural resources under strict compliance with the fiduciary requirements as a trustee. No longer can the Commonwealth treat our public resources as government property. Our resources are our property, and the government must protect them for us and for all our future generations. The Court has further recognized that money from the conversion of those resources must be used for the benefit of those resources. This should stop our legislature from requiring leasing of our State Forest and Parks for revenue. The opinion is clear and far reaching. But there are many issues left open to further interpretation. There is still much work to be done in our courts to provide the protection of our resources from further government incursion." |
News Articles:
Gabby Brown, Sierra Club: "In Victory for Pennsylvanians, State Supreme Court Rules Leasing Public Land for Fracking Betrayed Government's Constitutional Duties," click here.
Ellen Gilmer & Mike Lee, E&E News: "Landmark Marcellus Shale Ruling Favors Enviros in Clash with State," click here.
Laura Legere & Don Hopey, Pittsburgh Post-Gazette: "Pa. Supreme Court Rules State Forest Gas Royalty Transfers Unconstitutional," click here.
Mark Levy, Associated Press: "Environmentalists Win in Court over Gas Drilling in Forests," click here.
Susan Phillips, StateImpact Pennsylvania: "Pa. Supreme Court Upholds Broad Interpretation of Environmental Rights Amendment," click here.
Public News Service: "Court Ruling Called Victory for Environmental Rights," click here.
John Hurdle, State Impact Pennsylvania: "Pa. Supreme Court's Landmark Environmental Ruling Faces First Test," click here.
Gabby Brown, Sierra Club: "In Victory for Pennsylvanians, State Supreme Court Rules Leasing Public Land for Fracking Betrayed Government's Constitutional Duties," click here.
Ellen Gilmer & Mike Lee, E&E News: "Landmark Marcellus Shale Ruling Favors Enviros in Clash with State," click here.
Laura Legere & Don Hopey, Pittsburgh Post-Gazette: "Pa. Supreme Court Rules State Forest Gas Royalty Transfers Unconstitutional," click here.
Mark Levy, Associated Press: "Environmentalists Win in Court over Gas Drilling in Forests," click here.
Susan Phillips, StateImpact Pennsylvania: "Pa. Supreme Court Upholds Broad Interpretation of Environmental Rights Amendment," click here.
Public News Service: "Court Ruling Called Victory for Environmental Rights," click here.
John Hurdle, State Impact Pennsylvania: "Pa. Supreme Court's Landmark Environmental Ruling Faces First Test," click here.
March 16, 2016
Media Coverage of PEDF Supreme Court Oral Argument, March 9
Will the clear and plain language of Pennsylvania's Environmental Amendment stand?
Will the people's rights as guaranteed by Article I § 27 be held inviolate?
What is the meaning and substance of our Public Trust?
The answers to these questions and more are now in the hands
of six Pennsylvania Supreme Court justices.
Rational and resolute, PEDF attorney John Childe
addressed every objection and "what if" from the Court.
Please see links below, particularly the one to PCNTV video, while it is still on the web. Click on the photo of Justice Max Baer and scroll to 1:44:00 for PEDF.
PCNTV Video: https://pcntv.com/2016/03/11/march-11-7-pm-pa-supreme-court-session/
Articles:
Laura Legere, Pittsburgh Post-Gazette: http://powersource.post-gazette.com/powersource/policy-powersource/2016/03/10/Pennsylvania-Supreme-Court-hears-challenge-to-drilling-laws/stories/201603090206
Susan Phillips, StateImpact Pennsylvania: https://stateimpact.npr.org/pennsylvania/2016/03/09/pa-supreme-court-weighs-major-gas-drilling-laws/
PCNTV Video: https://pcntv.com/2016/03/11/march-11-7-pm-pa-supreme-court-session/
Articles:
Laura Legere, Pittsburgh Post-Gazette: http://powersource.post-gazette.com/powersource/policy-powersource/2016/03/10/Pennsylvania-Supreme-Court-hears-challenge-to-drilling-laws/stories/201603090206
Susan Phillips, StateImpact Pennsylvania: https://stateimpact.npr.org/pennsylvania/2016/03/09/pa-supreme-court-weighs-major-gas-drilling-laws/
March 9, 2016
PEDF Goes to the Supreme Court!
Today, PEDF attorney John Childe argues PEDF's case for clean air and water, our State Lands and Public Trust,
as guaranteed in Pennsylvania's Environmental Rights Amendment to the State Constitution.
Pennsylvania Supreme Court, 4th Floor, City Hall, Philadelphia.
PEDF Goes to the Supreme Court!
Today, PEDF attorney John Childe argues PEDF's case for clean air and water, our State Lands and Public Trust,
as guaranteed in Pennsylvania's Environmental Rights Amendment to the State Constitution.
Pennsylvania Supreme Court, 4th Floor, City Hall, Philadelphia.
January 28, 2016
The Lockout Continues on the People's Lands
as PEDF Submits Comments on the Draft State Forest Resource Management Plan
and Prepares Oral Argument for the State's Highest Court
On Houselander Mountain, Tiadaghton State Forest, one of many roads now closed to public travel, in a once wild and healthy forest that has become a patchwork of rural hardpack and industry.
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January 22, 2016: Following a comprehensive review of DCNR Bureau of Forestry's Draft 2015 State Forest Resource Management Plan (SFRMP), PEDF attorney John E. Childe submitted PEDF Comments, endorsed by Keystone Trails Association, Loyalsock Creek Watershed Association, Lycoming Audubon Society, Lycoming Creek Watershed Association, Pennsylvania Forest Coalition, Pine Creek Headwaters Protection Group, Pine Creek Watershed Council, Pine Creek Preservation Association, and Responsible Drilling Alliance. To click on links to the SFRMP and Comments, to read a Synopsis of the Comments, or to find out how to submit comments by January 31, 2016, please go to State Forest Resource Management Plan Tab under SOS Forests & Parks! Tab.
March 9, 2016: PEDF attorney John E. Childe is scheduled to present Oral Argument in Philadelphia before Pennsylvania's Supreme Court in PEDF's landmark lawsuit to affirm meaning to Article I § 27 (the public trust amendment) and save our State Forests and Parks from the harmful effects of unconventional gas drilling. The Supreme Court has agreed to hear all aspects of PEDF's case, including challenges under the Environmental Rights Amendment and transfers from the Oil and Gas Lease Fund to the General Fund. More details will be posted as they are made known. To read the Supreme Court Order, please click here. To read Laura Legere's article on the Order, please click here. |
August 26, 2015
Whose woods these are we believe we know . . .
and have asked Pennsylvania's Supreme Court to affirm.
Pine Creek and State Forest from Gillespie Point
In PEDF's latest action, attorney John Childe has filed a Reply Brief to the Governor's and the Republican Caucuses' and General Assembly's Joint Brief in Opposition to PEDF's Appeal to the Supreme Court.
For highlights of the Reply Brief, please go to Current Litigation Tab.
PEDF is now waiting for the Supreme Court.
We need your help in seeing this case through to resolution!
Our State Forests and Parks have never been more at risk.
Please click here.
* * * * * * *
For highlights of the Reply Brief, please go to Current Litigation Tab.
PEDF is now waiting for the Supreme Court.
We need your help in seeing this case through to resolution!
Our State Forests and Parks have never been more at risk.
Please click here.
* * * * * * *
PEDF Files Brief of Appellant to Pennsylvania's Supreme Court
May 20, 2015
DCNR Tract 100, Seneca Pad T, Sugar Camp Mountain Road, Loyalsock State Forest north of Trout Run, PA
Photo credit Kurtis Sensenig, KurtisFilms.com
It doesn't seem possible that anyone could do this to a once wild forest and a mountain and be able to sleep at night.
The fact that it is public land, with the proceeds from the leasing misappropriated to the General Fund rather than to DCNR where
these funds rightfully belong under the Oil and Gas Lease Fund Act for the conservation of our State lands only twists the dagger deeper.
Tragically, it isn't the only such mutilation of our State Forests by the Marcellus Shale gas industry.
The destruction is everywhere the public's land has been leased.
And the destruction has the potential to grow five-fold, just with the 700,000 acres of State Forest that are already under lease.
Really, could this mountain ever be restored?
Could five times the desecration of this mountain ever be restored?
What is the future of our treasured and irreplaceable public lands?
PEDF's Appeal to Pennsylvania's Supreme Court asks the Court to decide, once and for all, fundamental questions of whether
Article I Section 27 of our State Constitution has meaning, whether the governor is responsible as trustee of our State Forests and Parks (the public trust), whether the governor or any governmental entity can convert these lands for the purpose of obtaining money, and more.
The Respondents' brief is due July 22.
For a synopsis of PEDF's Appeal, please click on the Current Litigation Tab.
Photo credit Kurtis Sensenig, KurtisFilms.com
It doesn't seem possible that anyone could do this to a once wild forest and a mountain and be able to sleep at night.
The fact that it is public land, with the proceeds from the leasing misappropriated to the General Fund rather than to DCNR where
these funds rightfully belong under the Oil and Gas Lease Fund Act for the conservation of our State lands only twists the dagger deeper.
Tragically, it isn't the only such mutilation of our State Forests by the Marcellus Shale gas industry.
The destruction is everywhere the public's land has been leased.
And the destruction has the potential to grow five-fold, just with the 700,000 acres of State Forest that are already under lease.
Really, could this mountain ever be restored?
Could five times the desecration of this mountain ever be restored?
What is the future of our treasured and irreplaceable public lands?
PEDF's Appeal to Pennsylvania's Supreme Court asks the Court to decide, once and for all, fundamental questions of whether
Article I Section 27 of our State Constitution has meaning, whether the governor is responsible as trustee of our State Forests and Parks (the public trust), whether the governor or any governmental entity can convert these lands for the purpose of obtaining money, and more.
The Respondents' brief is due July 22.
For a synopsis of PEDF's Appeal, please click on the Current Litigation Tab.
Portion of Loyalsock State Forest north of Trout Run, as yet untouched.
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Thank You! Your support and generosity have brought us this far and continue to be critical to the success of our case. But we still need your help to see it through. Please click here. |
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April 12, 2015
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If you go to the Tiadaghton State Forest this spring, remember to do your fueling elsewhere. Former DCNR "Environmentally Sensitive Area -- Hiking Only," now site of pipeline crossing.
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March 23, 2015
PEDF attorney John Childe has prepared an Analysis of the January 7, 2015 Commonwealth Court Opinion in PEDF's case, which resulted in PEDF's Appeal (see below) to Pennsylvania's Supreme Court. To read the Analysis, please go to Current Litigation tab.
Now more than ever, we need your support! PEDF is a 501(c)(3), and your contributions are fully tax deductible as allowed by law. Please Help! Click here. |
 Tiadaghton, the people's forest
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Tiadaghton, BEWARE in the people's "forest"
In a historic action to ascertain whether or not Article I § 27 has meaning, or if there is, indeed, a Public Trust as guaranteed in Pennsylvania's Constitution, PEDF attorney John Childe has filed an Appeal to the Supreme Court, with PEDF's claims described in the accompanying Jurisdictional Statement. For the text of the Jurisdictional Statement, please click on the blue wording or go to the Current Litigation tab.
Tiadaghton, KEEP OUT of the people's "forest"
With its January 7, 2015 Opinion and subsequent denial of our Application for Reargument, the Commonwealth Court denied or dismissed PEDF's claims, clearing the way for the Supreme Court to clearly affirm the people's rights.
Meanwhile, in his January 29, 2015 Executive Order 2015-03, Governor Tom Wolf states: "WHEREAS, the Department of Conservation and Natural Resources (DCNR) has a duty pursuant to the Conservation and Natural Resources Act (Act of June 28, 1995, P.L. 89, No. 18) (CNRA) to conserve and maintain State Forests and State Parks in the public trust for the use and benefit of all its citizens, and generations yet to come, as guaranteed by Section 27 of Article I of the Constitution of Pennsylvania . . ."
Meanwhile, in his January 29, 2015 Executive Order 2015-03, Governor Tom Wolf states: "WHEREAS, the Department of Conservation and Natural Resources (DCNR) has a duty pursuant to the Conservation and Natural Resources Act (Act of June 28, 1995, P.L. 89, No. 18) (CNRA) to conserve and maintain State Forests and State Parks in the public trust for the use and benefit of all its citizens, and generations yet to come, as guaranteed by Section 27 of Article I of the Constitution of Pennsylvania . . ."
PEDF applauds Governor Wolf for reinstating the moratorium
against the further leasing of State Forest or Park lands
and for upholding the people's rights under Pennsylvania's Constitution.
against the further leasing of State Forest or Park lands
and for upholding the people's rights under Pennsylvania's Constitution.
Recent press articles:
SUSAN PHILLIPS, StateImpact Pennsylvania on the Commonwealth Court's denial of PEDF's Application for Reargument:
http://stateimpact.npr.org/pennsylvania/2015/02/03/commonwealth-court-rejects-appeal-on-state-forest-leasing/#more-32239
ASSOCIATED PRESS: January 30, 2015, "New drilling leases on public lands banned"
SUSAN PHILLIPS, StateImpact Pennsylvania on the Commonwealth Court's denial of PEDF's Application for Reargument:
http://stateimpact.npr.org/pennsylvania/2015/02/03/commonwealth-court-rejects-appeal-on-state-forest-leasing/#more-32239
ASSOCIATED PRESS: January 30, 2015, "New drilling leases on public lands banned"
Where once there was the "people's forest" . . . DCNR 100 Pad R and Retention Pond, Seneca Resources, Loyalsock State Forest
January 21, 2015 PEDF Files Application for Reargument
Today, PEDF filed an Application For Reargument with the Commonwealth Court, requesting them to consider critical facts and law which PEDF believes the Court either overlooked or misapprehended in issuing its Opinion on January 7, 2015.
It is PEDF's hope that members of the Court will consider our Application and hear argument on why the Court should reconsider its Opinion, based on the reasons set forth in the Application.
It is still PEDF's intent to file an appeal with the Pennsylvania Supreme Court, but PEDF wants to give the Commonwealth Court a chance to correct the record of their Opinion before the appeal is filed.
Please click on the blue links above to read the Application for Reargument and Opinion in entirety. To read just the text of the Application for Reargument, please click on the Current Litigation tab.
Related news article by LAURA LEGERE: http://powersource.post-gazette.com/powersource/policy-powersource/2015/01/21/Environmental-group-wants-Pennsylvania-court-to-revisit-ruling/stories/201501210203
It is PEDF's hope that members of the Court will consider our Application and hear argument on why the Court should reconsider its Opinion, based on the reasons set forth in the Application.
It is still PEDF's intent to file an appeal with the Pennsylvania Supreme Court, but PEDF wants to give the Commonwealth Court a chance to correct the record of their Opinion before the appeal is filed.
Please click on the blue links above to read the Application for Reargument and Opinion in entirety. To read just the text of the Application for Reargument, please click on the Current Litigation tab.
Related news article by LAURA LEGERE: http://powersource.post-gazette.com/powersource/policy-powersource/2015/01/21/Environmental-group-wants-Pennsylvania-court-to-revisit-ruling/stories/201501210203
PLEASE HELP!
PEDF is an all-volunteer organization. Our funds are allocated entirely to litigation.
We must have the resources to see this lawsuit through, and we need your help!
Please click here to help us Save Our State Forests and Parks!
Thank You!
PEDF is an all-volunteer organization. Our funds are allocated entirely to litigation.
We must have the resources to see this lawsuit through, and we need your help!
Please click here to help us Save Our State Forests and Parks!
Thank You!
"Christmas trees" in the hardpack, DCNR 100 Pad R, Seneca Resources, Loyalsock State Forest
January 7, 2015 Commonwealth Court Opinion
To our followers: The Opinion filed by Judge P. Kevin Brobson in PEDF's case is being thoroughly reviewed by PEDF attorney John Childe. An update will be posted on this website once that is completed.
In the meantime, please see below three news articles and one editorial about the Opinion. Thanks to all, and please continue to follow us!
SUSAN PHILLIPS: http://stateimpact.npr.org/pennsylvania/2015/01/07/commonwealth-court-governor-not-the-decider-on-leasing-public-land/
MATT MILLER: http://www.pennlive.com/midstate/index.ssf/2015/01/pa_court_rejects_challenge_to.html
LAURA LEGERE: http://powersource.post-gazette.com/powersource/policy-powersource/2015/01/07/Court-Pennsylvania-DCNR-not-governor-has-authority-to-OK-natural-gas-leases-on-state-lands/stories/201501070160
EDITORIAL BOARD: http://thetimes-tribune.com/opinion/conserve-with-drilling-funds-1.1814619
In the meantime, please see below three news articles and one editorial about the Opinion. Thanks to all, and please continue to follow us!
SUSAN PHILLIPS: http://stateimpact.npr.org/pennsylvania/2015/01/07/commonwealth-court-governor-not-the-decider-on-leasing-public-land/
MATT MILLER: http://www.pennlive.com/midstate/index.ssf/2015/01/pa_court_rejects_challenge_to.html
LAURA LEGERE: http://powersource.post-gazette.com/powersource/policy-powersource/2015/01/07/Court-Pennsylvania-DCNR-not-governor-has-authority-to-OK-natural-gas-leases-on-state-lands/stories/201501070160
EDITORIAL BOARD: http://thetimes-tribune.com/opinion/conserve-with-drilling-funds-1.1814619
Typical markers along the "Marcellus State Trail" |
As the Delaware Riverkeeper Network (DRN) files legal action against Governor Corbett's Executive Order allowing further leasing of our State lands, PEDF has company
along the "Marcellus State Trail." It's fairly easy to travel the "Marcellus State Trail." Just go to your favorite State Forest in Marcellus Shale country, and follow the abundant and colorful flagging and stakes. They show you where the forest is now, and where it won't be. They show you where quiet forestry roads, towering trees, spring seeps, and glades of mosses, wildflowers and ferns will give way to dirt highways, machinery, metal, emissions, noise, dust, pipelines, and tons upon endless tons of stone base. They show you where a once living and renewable forest, "common property of all the people . . . including generations yet to come . . ." will become a hard-packed, lifeless, industrial zone. They show you where you no longer will be able to go. Katie Colaneri and Susan Phillips of StateImpact Pennsylvania describe DRN's lawsuit here. |
Both PEDF's and DRN's lawsuits are largely based on Article I § 27 (Environmental Rights Amendment) of our State Constitution. PEDF's suit challenges the Governor's and Commonwealth's authority to lease State Forest and Park land (the Public Trust) and to use the proceeds for the General Fund. PEDF awaits the Commonwealth Court's decision in this case. Please click on Current Litigation Tab for more information.
The Environmental Rights Amendment catapulted into the spotlight earlier this year when the Supreme Court upheld challenges to the State's Act 13 (new oil and gas law) in Robinson Township v. Commonwealth of Pennsylvania, a case in which the DRN figured prominently.
PEDF attorney John Childe asserts that our Constitution clearly puts ownership of the State Forests and Parks with the people of Pennsylvania, not the Governor or General Assembly.
The Environmental Rights Amendment catapulted into the spotlight earlier this year when the Supreme Court upheld challenges to the State's Act 13 (new oil and gas law) in Robinson Township v. Commonwealth of Pennsylvania, a case in which the DRN figured prominently.
PEDF attorney John Childe asserts that our Constitution clearly puts ownership of the State Forests and Parks with the people of Pennsylvania, not the Governor or General Assembly.
Stakes for "Slots 3 & 9," John Merrill Road, Loyalsock State Forest, 10/17/14
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The People of Pennsylvania and PEDF Await the Commonwealth Court to Decide Their Lands Please go to Current Litigation Tab for a summary of the principles argued by PEDF attorney John Childe at the October 8, 2014 oral argument before seven judges of the Commonwealth Court. |
Forest at location of "Slots 3 & 9," John Merrill Road, Loyalsock State Forest, 10/17/14
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Please Help PEDF Save Our Remaining State Forests and Parks!
Click here.
Click here.
October 8 Commonwealth Court News
PEDF thanks Susan Phillips (StateImpact Pennsylvania) and Laura Legere (Post-Gazette) for the following news articles.
SUSAN PHILLIPS:
http://stateimpact.npr.org/pennsylvania/2014/10/08/commonwealth-court-takes-up-issue-of-drilling-in-state-parks-and-forests/#more-29514
LAURA LEGERE:
http://powersource.post-gazette.com/powersource/policy-powersource/2014/10/09/Pa-judges-seek-balance-for-leasing-park-forest-land-to-drillers/stories/201410080184
PEDF thanks Susan Phillips (StateImpact Pennsylvania) and Laura Legere (Post-Gazette) for the following news articles.
SUSAN PHILLIPS:
http://stateimpact.npr.org/pennsylvania/2014/10/08/commonwealth-court-takes-up-issue-of-drilling-in-state-parks-and-forests/#more-29514
LAURA LEGERE:
http://powersource.post-gazette.com/powersource/policy-powersource/2014/10/09/Pa-judges-seek-balance-for-leasing-park-forest-land-to-drillers/stories/201410080184
Terraced Sugar Camp Mountain Road and Seneca pad with 10 wells, Loyalsock State Forest. This mountainside has been bulldozed into the valley.
PEDF Goes to Court October 8! Please see below.
and
Falling before the Dozer: Two Faces of Our State Forests in the Tiadaghton
south of Okome Road, Tiadaghton State Forest, 2014
Final Brief Filed in PEDF's Case!
PEDF attorney John Childe has filed the final Brief in PEDF's lawsuit to Save Our State Forests and Parks! from the harmful impacts of Marcellus Shale gas extraction. For a synopsis of the 76-page Brief, or to read it in its entirety, please click on Current Litigation.
north of Okome Road, Tiadaghton State "Forest," 2014
Oral Argument Scheduled for October 8, 2014
Location: Court Room No. 1, Ninth Floor, Widener Building,
1339 Chestnut Street, One South Penn Square, Philadelphia, PA
Time: Arguments are set to begin at 9:30 a.m., but PEDF may not be scheduled first. Any changes will be posted at the top of this Home Page.
Please Help PEDF Save Our Remaining State Forests and Parks! Click here.
"public" road, Tiadaghton State Forest
Private Hijacking
Our Public Lands
In this StateImpact Pennsylvania video, Marie Cusick reports on the public impacts of gas companies taking control of our public roads and lands. PEDF's lawsuit featured! To watch video, click here.
Our Public Lands
In this StateImpact Pennsylvania video, Marie Cusick reports on the public impacts of gas companies taking control of our public roads and lands. PEDF's lawsuit featured! To watch video, click here.
Forest adjacent to PGE pad, Tiadaghton State Forest
July 17, 2014:
New Order Issued in PEDF's Lawsuit!
Governor Corbett will not lease any more State Forest or Park land until Commonwealth Court decides the merits of PEDF's case.
Click on Current Litigation Tab for more information.
Another WIN for PEDF!
Please help us Save Our State Forests and Parks!
Click here.
Recent Op-Ed and News Articles:
PATRIOT NEWS OP-ED: RICK CARLSON
http://www.pennlive.com/opinion/2014/07/corbett_park_forest_leasing_pl.html#comments
STATE IMPACT: MARIE CUSICK
http://stateimpact.npr.org/pennsylvania/2014/06/30/legislators-seeking-an-extra-20-million-from-forest-leasing/
THE STATE: MARC LEVY
http://www.thestate.com/2014/07/07/3551988/wide-ranging-budget-bill-could.html
PATRIOT NEWS OP-ED: RICK CARLSON
http://www.pennlive.com/opinion/2014/07/corbett_park_forest_leasing_pl.html#comments
STATE IMPACT: MARIE CUSICK
http://stateimpact.npr.org/pennsylvania/2014/06/30/legislators-seeking-an-extra-20-million-from-forest-leasing/
THE STATE: MARC LEVY
http://www.thestate.com/2014/07/07/3551988/wide-ranging-budget-bill-could.html
June 5, 2014: Judge Brobson Issues Order in PEDF's Commonwealth Court Hearing
Click on Current Litigation Tab for more information.
* * * Click on Photo Gallery under SOS Forests and Parks! tab for an album of images
of the Tiadaghton State Forest that was presented at the hearing.
Please help us Save Our State Forests and Parks! Click here.
May 29, 2014: Read the news from the final two days of hearing!
PATRIOT-NEWS: DON GILLILAND
The photo album mentioned in the second article has been reproduced in the Photo Gallery. Please click here.
http://www.pennlive.com/midstate/index.ssf/2014/06/state_forest_gas_drilling_stat.html#incart_m-rpt-1
http://www.pennlive.com/midstate/index.ssf/2014/06/drilling_state_forests_state_p.html#incart_m-rpt-1
The photo album mentioned in the second article has been reproduced in the Photo Gallery. Please click here.
http://www.pennlive.com/midstate/index.ssf/2014/06/state_forest_gas_drilling_stat.html#incart_m-rpt-1
http://www.pennlive.com/midstate/index.ssf/2014/06/drilling_state_forests_state_p.html#incart_m-rpt-1
 9 of 18 wells on single pad, Tiadaghton State Forest
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PEDF Court Hearing to Reconvene Date and Time: Monday, June 2, 2014, 1:00 pm. Location: Pennsylvania Judicial Center 601 Commonwealth Ave., Harrisburg, PA For more information on this hearing and supporting documents, please go to Current Litigation Tab. |
May 29, 2014: Read all the news from yesterday's hearing!
PATRIOT-NEWS: EDITORIAL BOARD
http://www.pennlive.com/opinion/2014/05/corbett_gas_leasing_state_park.html
PATRIOT-NEWS: DON GILLILAND
http://www.pennlive.com/midstate/index.ssf/2014/05/corbett_state_forest_drilling.html#incart_m-rpt-1
STATE IMPACT: MARIE CUSICK
http://stateimpact.npr.org/pennsylvania/author/mariecusick/
POST-GAZETTE: LAURA LEGERE
HTTP://WWW.POST-GAZETTE.COM/NEWS/STATE/2014/05/29/INJUNCTION-SOUGHT-TO-BLOCK-ADDITIONAL-DRILLING-UNDER-STATE-PARKS-AND-FORESTS/STORIES/201405290221
* * * PLUS A PATRIOT-NEWS OP-ED by TIM PALMER, nationally-recognized writer/photographer and PEDF member
http://www.pennlive.com/opinion/2014/05/fracking_for_marcellus_shale_i.html#incart_river
http://www.pennlive.com/opinion/2014/05/corbett_gas_leasing_state_park.html
PATRIOT-NEWS: DON GILLILAND
http://www.pennlive.com/midstate/index.ssf/2014/05/corbett_state_forest_drilling.html#incart_m-rpt-1
STATE IMPACT: MARIE CUSICK
http://stateimpact.npr.org/pennsylvania/author/mariecusick/
POST-GAZETTE: LAURA LEGERE
HTTP://WWW.POST-GAZETTE.COM/NEWS/STATE/2014/05/29/INJUNCTION-SOUGHT-TO-BLOCK-ADDITIONAL-DRILLING-UNDER-STATE-PARKS-AND-FORESTS/STORIES/201405290221
* * * PLUS A PATRIOT-NEWS OP-ED by TIM PALMER, nationally-recognized writer/photographer and PEDF member
http://www.pennlive.com/opinion/2014/05/fracking_for_marcellus_shale_i.html#incart_river
Remembering Ramsey Road Vista, Tiadaghton State Forest
the forest that belongs to us all???
You can still get to this vista if you . . .
1) park your car outside the DCNR "Road Closed" sign,
2) hike down to Pennsylvania General Energy's pad,
3) navigate AROUND the pad by scrambling over stumps, rocks and mounds of dirt, through brambles, and past Danger! signs to the treasured "public" view that was once open to all.
These forests are yours and mine.
Please help us take them back!
Click here.
You can still get to this vista if you . . .
1) park your car outside the DCNR "Road Closed" sign,
2) hike down to Pennsylvania General Energy's pad,
3) navigate AROUND the pad by scrambling over stumps, rocks and mounds of dirt, through brambles, and past Danger! signs to the treasured "public" view that was once open to all.
These forests are yours and mine.
Please help us take them back!
Click here.
PEDF Goes to Hearing in Commonwealth Court!
brine water impoundment, Okome Road, Tiadaghton State Forest
* May 28, 2014: PEDF will present testimony in a hearing before Commonwealth Court.
Time: 11:00 am.
Location: Pennsylvania Judicial Center, 601 Commonwealth Ave., Harrisburg, PA
For more information on this hearing and supporting documents, please go to Current Litigation Tab.
Pittsburgh Quarterly Article Focuses on PEDF's Lawsuit
". . . an obscure case filed against the State by the Pennsylvania Environmental Defense Foundation (PEDF) could in time end up being a landmark case."
The above quote is from an article by Seamus McGraw on the Supreme Court's Act 13 Decision. To read the entire article, please click here. McGraw is the author of End of Country.
vapor, equipment, and impervious surface courtesy Pennsylvania General Energy and former Governor Rendell, Huntley Road, Tiadaghton State Forest
Road to Ramsey Vistas. Hiking shoes required.
Corbett Lifts Moratorium on State Forests & Parks
With a new Executive Order, Governor Corbett has lifted former Governor Rendell's moratorium on the further leasing of State Forest and Park land. While the Order states that there will be no surface disturbance of these lands, this Order is a foot in the door. Governor Corbett's track record regarding the misappropriation of Oil & Gas Lease Funds speaks clearly. Impacts do not stop at the boundary lines. As we reported in a previous article, DCNR's April 2014 Shale-Gas Monitoring Report is "spin," and this new Order has all the makings of the same.
With a new Executive Order, Governor Corbett has lifted former Governor Rendell's moratorium on the further leasing of State Forest and Park land. While the Order states that there will be no surface disturbance of these lands, this Order is a foot in the door. Governor Corbett's track record regarding the misappropriation of Oil & Gas Lease Funds speaks clearly. Impacts do not stop at the boundary lines. As we reported in a previous article, DCNR's April 2014 Shale-Gas Monitoring Report is "spin," and this new Order has all the makings of the same.
We repeat:
No more leases should be allowed of our State Forest or Park resources
until the current leases have been developed,
and the impacts of these leases known and restored.
No more leases should be allowed of our State Forest or Park resources
until the current leases have been developed,
and the impacts of these leases known and restored.
Articles on Governor Corbett's Executive Order:
- Inquirer
- State Impact Pennsylvania
familiar sign in Pennsylvania State Forests
* PEDF Attorney John Childe Files Final Documents in Lawsuit to Save Our State Forests and Parks!
* Respondents to Lawsuit (Commonwealth of Pennsylvania and Governor Corbett) File Request for Six-Month Stay to Respond.
* Commonwealth Court Orders Respondents to Respond in one week, by May 6, 2014.
Please go to Current Litigation Tab for more information.
* Respondents to Lawsuit (Commonwealth of Pennsylvania and Governor Corbett) File Request for Six-Month Stay to Respond.
* Commonwealth Court Orders Respondents to Respond in one week, by May 6, 2014.
Please go to Current Litigation Tab for more information.
These forests were your forests, these forests were my forests, headwaters rivulet and stump heap, Tiadaghton State Forest, Pine Creek Please help save our State Forests and Parks! Click here. |
 emerging face of Pennsylvania State Forests
from the Mason-Dixon,
to the New York border ... Penn's Woods belonged to you and me. |
Tiadaghton State Forest wetland
* PEDF Wins Round 5 in Commonwealth Court!
In February 2014, the Commonwealth Court granted PEDF's motion to withdraw all intervention authority of the Republican Caucuses in our lawsuit. To read more about the Caucuses' intervention, please scroll down to "PEDF Serves Notice of Intent to Sue to Republican Caucuses!"
* PEDF Files Addendum to Lawsuit to Address Governor Corbett's Intent to Lease More State Land for His 2014 Budget
To read the Addendum, click here. For a summary, go to Current Litigation.
* PEDF Submits Letter on Endangered Species Bills
Will mountaintop wetlands such as the one above and many other irreplaceable habitats continue to be destroyed? And will it be legal to do so? PEDF attorney John Childe has hand delivered to each member of the General Assembly a letter stating that passage of HB 1576 and SB 1047 will violate the General Assembly's constitutional mandate to conserve and maintain our natural environment under Article 1 Section 27. To read the letter, click here. To read Representative Robert Godshall's response, click here.
In February 2014, the Commonwealth Court granted PEDF's motion to withdraw all intervention authority of the Republican Caucuses in our lawsuit. To read more about the Caucuses' intervention, please scroll down to "PEDF Serves Notice of Intent to Sue to Republican Caucuses!"
* PEDF Files Addendum to Lawsuit to Address Governor Corbett's Intent to Lease More State Land for His 2014 Budget
To read the Addendum, click here. For a summary, go to Current Litigation.
* PEDF Submits Letter on Endangered Species Bills
Will mountaintop wetlands such as the one above and many other irreplaceable habitats continue to be destroyed? And will it be legal to do so? PEDF attorney John Childe has hand delivered to each member of the General Assembly a letter stating that passage of HB 1576 and SB 1047 will violate the General Assembly's constitutional mandate to conserve and maintain our natural environment under Article 1 Section 27. To read the letter, click here. To read Representative Robert Godshall's response, click here.
pipeline cut, Tiadaghton State Forest
* A Tale of Two Maps: Anadarko and the Old Loggers Path
What will the Old Loggers Path, the headwaters of Rock Run and Pleasant Stream, and much of the Loyalsock State Forest look like if Anadarko's plans for the Clarence Moore Tract are given approval?
Anadarko's planned facilities have been projected onto two maps of the OLP. Click here for the West Section, and here for the East Section.
PEDF's lawsuit is critical in winning back the lawful use of Oil & Gas Lease Funds to protect State lands such as these! PEDF's lawsuit is the ONLY litigation addressing the overall abuse of the people's rights to our State lands! PLEASE HELP! Click here.
* Thank You, John Quigley!
Former Pennsylvania DCNR Secretary John Quigley recently posted a blog, "Burning the Furniture to Heat the House - Again." This is a must read, and not only for his open endorsement of PEDF's lawsuit as "courageous pending legislation"!
What will the Old Loggers Path, the headwaters of Rock Run and Pleasant Stream, and much of the Loyalsock State Forest look like if Anadarko's plans for the Clarence Moore Tract are given approval?
Anadarko's planned facilities have been projected onto two maps of the OLP. Click here for the West Section, and here for the East Section.
PEDF's lawsuit is critical in winning back the lawful use of Oil & Gas Lease Funds to protect State lands such as these! PEDF's lawsuit is the ONLY litigation addressing the overall abuse of the people's rights to our State lands! PLEASE HELP! Click here.
* Thank You, John Quigley!
Former Pennsylvania DCNR Secretary John Quigley recently posted a blog, "Burning the Furniture to Heat the House - Again." This is a must read, and not only for his open endorsement of PEDF's lawsuit as "courageous pending legislation"!
* PEDF Publishes e-Newsletter!
Keeping in touch with you, our members, friends, and supporters, is paramount for us, so we have created an e-newsletter that will be published on a periodic basis as we have news to report. January 20, 2014 is our first issue, and yes, it is FREE! Click here to subscribe.
* 5 Key Points of PEDF's Lawsuit
Following are the headlines. Please click on Current Litigation for the details.
State Forest, Pine Creek, an increasing sign of the times.
Please help PEDF put an end to this senseless destruction of our public lands, your irreplaceable lands! Click here to help.
Keeping in touch with you, our members, friends, and supporters, is paramount for us, so we have created an e-newsletter that will be published on a periodic basis as we have news to report. January 20, 2014 is our first issue, and yes, it is FREE! Click here to subscribe.
* 5 Key Points of PEDF's Lawsuit
Following are the headlines. Please click on Current Litigation for the details.
- Governor's Duty
- Natural Resource Significance
- Protection from Marcellus Degradation
- DCNR's Authority
- State Land Evaluation
State Forest, Pine Creek, an increasing sign of the times.
Please help PEDF put an end to this senseless destruction of our public lands, your irreplaceable lands! Click here to help.
The Public Trust Upheld
December 19, 2013. In a huge victory for the people of Pennsylvania and their commonly-held wealth of natural resources, the State Supreme Court ruled significant aspects of Act 13 unconstitutional, and upheld Article I § 27, Public Trust Doctrine. To read the Court’s Decision in its entirety, click here. For more information regarding the importance to PEDF's lawsuit, read on!
photo courtesy Jim Dunn
Wild forever?
Despite the landmark Supreme Court ruling, treasured views like this one looking down into the Pine Creek Valley from Manor Fork Road continue to be at risk from Marcellus Shale gas industry development.
PEDF’s lawsuit holds the key to assuring that lands like these will remain forever wild.
Noteworthy Quotes from the Decision
In the Decision, Chief Justice Castille wrote, “As the citizens illustrate, development of the natural gas industry in the Commonwealth unquestionably has and will have a lasting, and undeniably detrimental, impact on the quality of these core aspects (life, health, and liberty: surface and ground water, ambient air, etc.) of Pennsylvania’s environment, which are part of the public trust.” Opinion at 117.
Chief Justice Castile went on to state, “By any responsible account, the exploitation of the Marcellus Shale Formation will produce a detrimental effect on the environment, on the people, their children, and future generations, and potentially on the public purse, perhaps rivaling the environmental effect of coal extraction.” Opinion at 118.
What Does This Mean for PEDF’s Lawsuit?
According to John Childe, PEDF’s attorney, the Act 13 litigation mirrors PEDF’s lawsuit in many ways, and the Supreme Court, in its Decision, vindicates most of PEDF’s arguments.
Childe further asserts, “The Opinion is broad, far reaching and extensive, and is, without doubt, the single most important document in the history of Pennsylvania’s environment. It is a major paradigm shift in State law, politics, economics and social justice. And it is Constitutional Law. It cannot be undone by anyone other than the people through another Constitutional Amendment. And it supports every point of PEDF’s Amended Petition!”
What’s Next for PEDF?
PEDF’s lawsuit remains active and critical in the fight to save Pennsylvania’s State Forests and Parks from the harmful and irreparable impacts of gas industry development. But the Supreme Court’s Decision brings us closer to another victory.
In the Decision, Chief Justice Castille wrote, “As the citizens illustrate, development of the natural gas industry in the Commonwealth unquestionably has and will have a lasting, and undeniably detrimental, impact on the quality of these core aspects (life, health, and liberty: surface and ground water, ambient air, etc.) of Pennsylvania’s environment, which are part of the public trust.” Opinion at 117.
Chief Justice Castile went on to state, “By any responsible account, the exploitation of the Marcellus Shale Formation will produce a detrimental effect on the environment, on the people, their children, and future generations, and potentially on the public purse, perhaps rivaling the environmental effect of coal extraction.” Opinion at 118.
What Does This Mean for PEDF’s Lawsuit?
According to John Childe, PEDF’s attorney, the Act 13 litigation mirrors PEDF’s lawsuit in many ways, and the Supreme Court, in its Decision, vindicates most of PEDF’s arguments.
Childe further asserts, “The Opinion is broad, far reaching and extensive, and is, without doubt, the single most important document in the history of Pennsylvania’s environment. It is a major paradigm shift in State law, politics, economics and social justice. And it is Constitutional Law. It cannot be undone by anyone other than the people through another Constitutional Amendment. And it supports every point of PEDF’s Amended Petition!”
What’s Next for PEDF?
PEDF’s lawsuit remains active and critical in the fight to save Pennsylvania’s State Forests and Parks from the harmful and irreparable impacts of gas industry development. But the Supreme Court’s Decision brings us closer to another victory.
Thank you for the help you have given us!
We need your continued support now more than ever.
Save Our State Forests and Parks!
Please click here.
We need your continued support now more than ever.
Save Our State Forests and Parks!
Please click here.
"Second Amended Petition for Review in the Nature of an Action for Declaratory Relief"
December 5, 2013, PEDF’s attorney, John Childe, filed a "Second Amended Petition for Review in the Nature of an Action for Declaratory Relief" in the ongoing lawsuit against the Commonwealth of Pennsylvania and Governor Tom Corbett. The Petition is well documented. Its purpose is fourfold:
- to include new information obtained during the discovery process
- to present the requested outcome as clear declaratory statements
- to clarify that not only is certain legislation unconstitutional, but so are the Governor’s numerous violations of Article I § 27 (Public Trust Doctrine), Pennsylvania State Constitution
- to withdraw allegations that through the discovery process have been found to be no longer pertinent to the lawsuit
Please click on Current Litigation for more information!
PEDF Serves Notice of Intent to Sue to Republican Caucuses!
* * * September 25, 2013, PEDF attorney John Childe served Notice of Intent to Sue Intervenors Republican Caucuses regarding HB 1681 sponsored by Representative Saccone. This proposed legislation would lease an additional 300,000 acres of State Forest land for the purpose of bridge repair work in Pennsylvania. Read the Notice here. If passed, this would violate an Executive Order, the Conservation and Natural Resources Act of 1995, the Oil and Gas Lease Fund Act, and Article 1 Section 27 of Pennsylvania's Constitution.
In June 2013, the House and Senate Republican Caucuses filed a Petition to intervene in PEDF's lawsuit. Their attempt was twice denied by the Commonwealth Court, see Lawsuit Updates below.
In June 2013, the House and Senate Republican Caucuses filed a Petition to intervene in PEDF's lawsuit. Their attempt was twice denied by the Commonwealth Court, see Lawsuit Updates below.
PEDF Serves Subpoenas to Three Former State Officials!
* * * PEDF attorney John Childe has served subpoenas issued by the Commonwealth Court to former Pennsylvania governor Ed Rendell, former secretary of the Department of Conservation & Natural Resources (DCNR) Michael DeBerardinis, and former deputy secretary of DCNR James Grace. They are scheduled to appear in mid October to testify in depositions on behalf of PEDF.
* * * Discovery Process: PEDF's lawsuit is now entering the "discovery process," which includes the writing of interrogatories, and the production of documents and notices of depositions. During this time, knowledge and information will be exchanged between parties, and potential witnesses for trial will be identified.
* * * Discovery Process: PEDF's lawsuit is now entering the "discovery process," which includes the writing of interrogatories, and the production of documents and notices of depositions. During this time, knowledge and information will be exchanged between parties, and potential witnesses for trial will be identified.
And this is why . . . your help is needed now more than ever!
We MUST have the funds to see this through!
See SOS Forests & Parks! tab -- Please Help!
Lawsuit Updates: Two More Wins for PEDF!
* * * August 20, 2013 -- the Commonwealth Court issued its Opinion on the Republican Caucuses' Intervention in PEDF’s lawsuit and DENIED the Caucuses the right to intervene in the portions of the case dealing with Article I Section 27 of Pennsylvania’s Constitution, Public Trust Doctrine. This good news means the Court is listening to PEDF’s arguments. This good news means the Republican Caucuses cannot participate in the discovery and other mechanics of developing the case on the meaning of the Public Trust provisions.
However, the Court allowed them to intervene on the 1st and 6th Counts, dealing with Article III, Sections 3 and 11, and they can file an Amicus Brief on the issues.
* * * August 30, 2013 -- PEDF's attorney John Childe filed the First Set of Interrogatories to the Republican Caucuses. Read the Interrogatories here.
* * * September 3, 2013 -- PEDF's attorney John Childe filed a Motion for Partial Summary Judgment on Standing, strengthening PEDF's position. The Motion includes affidavits from eleven organizations that are PEDF members and asserts that these organizations and their members suffer direct and immediate harm from the impacts of Marcellus Shale gas industry development on Pennsylvania State Forests. These eleven organizations are
* * * September 7, 2013 -- PEDF's attorney John Childe filed a Response to the Republican Caucuses' Application for Reconsideration. (The Caucuses requested the Commonwealth Court reconsider its August 20, 2013 Opinion in favor of PEDF!)
* * * September 9, 2013 -- The Commonwealth Court today issued an order DENYING the Republican Caucuses'
Application for Reconsideration (see September 7 above). The Commonwealth Court has now determined twice that the Caucuses have no right to Intervene in the Article I Section 27 part of PEDF's lawsuit.
However, the Court allowed them to intervene on the 1st and 6th Counts, dealing with Article III, Sections 3 and 11, and they can file an Amicus Brief on the issues.
* * * August 30, 2013 -- PEDF's attorney John Childe filed the First Set of Interrogatories to the Republican Caucuses. Read the Interrogatories here.
* * * September 3, 2013 -- PEDF's attorney John Childe filed a Motion for Partial Summary Judgment on Standing, strengthening PEDF's position. The Motion includes affidavits from eleven organizations that are PEDF members and asserts that these organizations and their members suffer direct and immediate harm from the impacts of Marcellus Shale gas industry development on Pennsylvania State Forests. These eleven organizations are
- Keystone Trails Association
- Loyalsock Creek Watershed Association
- Lycoming Creek Watershed Association
- Lycoming Audubon Society
- Muncy Creek Watershed Association
- Pennsylvania Forest Coalition
- Pine Creek Headwaters Protection Group
- Pine Creek Preservation Association
- Responsible Drilling Alliance
- Slate Run Sportsmen
- Tiadaghton Audubon Society
* * * September 7, 2013 -- PEDF's attorney John Childe filed a Response to the Republican Caucuses' Application for Reconsideration. (The Caucuses requested the Commonwealth Court reconsider its August 20, 2013 Opinion in favor of PEDF!)
* * * September 9, 2013 -- The Commonwealth Court today issued an order DENYING the Republican Caucuses'
Application for Reconsideration (see September 7 above). The Commonwealth Court has now determined twice that the Caucuses have no right to Intervene in the Article I Section 27 part of PEDF's lawsuit.
Help Save Our State Forests
from Further Surface Gas Impact!
See SOS Forests & Parks! tab -- Please Help!
PEDF in the News!
PEDF's attorney John Childe was recently quoted in three news sources regarding PEDF's lawsuit against Governor Corbett and the Commonwealth over the illegal transfer of Oil and Gas Lease Fund money from DCNR to the General Budget. PEDF contends this transfer violates Article 1 Section 27 of Pennsylvania's Constitution. To read the articles, click on the links below.
Philadelphia Inquirer
Times-Tribune
Morning Call
Philadelphia Inquirer
Times-Tribune
Morning Call
PEDF Responds to Republican Caucuses' Petition
June 13, 2013, the Republican Caucuses filed a Petition saying Pennsylvania's Constitution DOESN'T MATTER, the Public Trust (Article 1 Section 27) DOESN'T MATTER, and the governor's and General Assembly's duties to preserve the Public Trust DON'T MATTER when there is natural gas to be extracted from public land. They furthermore argued that the funds from leasing these lands can and should be used for whatever use the governor and General Assembly deem appropriate, regardless of State law to the contrary. (See Does Pennsylvania's Constitution Matter? below.)
* * * July 2, 2013, PEDF FILED OBJECTIONS! Read here.
* * * July 2, 2013, PEDF FILED OBJECTIONS! Read here.
The people have a right . . .
photo copyright Richard Karp
What will it be like, if/when all is changed? At the June 3, 2013 DCNR Public Meeting, Anadarko revealed plans, in the Clarence Moore Tract alone of the Loyalsock State Forest, for 26 well pads, 4 compressor stations, 5 earthen impoundments, 15.6 NEW miles of roads, 15.5 miles of rebuilt roads, 34 miles of NEW pipeline right of way, and a communication system with poles and towers 60 - 200 feet tall. Thank you to Anadarko for the honest facts.
The Loyalsock is just ONE Pennsylvania State Forest. Across the Commonwealth, hundreds of thousands of acres of Forest are at risk from gas industry development, to be altered forever. These Public Trust lands are the guaranteed legacy of the Pennsylvania State Constitution, and IT MUST BE UPHELD!
PLEASE HELP to uphold these lands, your lands. Click here.
The Loyalsock is just ONE Pennsylvania State Forest. Across the Commonwealth, hundreds of thousands of acres of Forest are at risk from gas industry development, to be altered forever. These Public Trust lands are the guaranteed legacy of the Pennsylvania State Constitution, and IT MUST BE UPHELD!
PLEASE HELP to uphold these lands, your lands. Click here.
2010 Photo. 2013 Story.
According to the gas company who developed this site, this is an example of an "environmentally responsible" operation. If this is true, kudos to the gas company. However, what is happening to the Loyalsock State Forest (and ALL of our State Forests in the Marcellus Shale region) that the governor and the Commonwealth of Pennsylvania are legislatively required to protect? Click Please Help! under SOS State Forests & Parks! tab.
According to the gas company who developed this site, this is an example of an "environmentally responsible" operation. If this is true, kudos to the gas company. However, what is happening to the Loyalsock State Forest (and ALL of our State Forests in the Marcellus Shale region) that the governor and the Commonwealth of Pennsylvania are legislatively required to protect? Click Please Help! under SOS State Forests & Parks! tab.
Republican Caucuses Seek to Quash PEDF Lawsuit
Aimed at Protecting ALL of
Pennsylvania's PUBLIC LANDS and NATURAL RESOURCES
Aimed at Protecting ALL of
Pennsylvania's PUBLIC LANDS and NATURAL RESOURCES
Does Pennsylvania's Constitution Matter?
June 13, 2013, the Republican Caucuses for both the House and the Senate petitioned the Commonwealth Court to intervene in the action brought by PEDF against Governor Corbett and aimed at protecting Pennsylvania's public lands and natural resources.
The Caucuses' Petition joins Governor Corbett in saying that Pennsylvania's Constitution doesn't matter, that the Public Trust (Article 1 Section 27) doesn't matter, and that the governor's and General Assembly's duties to preserve the Public Trust don't matter when there is natural gas to be extracted from public land. They furthermore argue that the funds from leasing these lands can and should be used for whatever use the governor and General Assembly deem appropriate, regardless of State law to the contrary.
June 13, 2013, the Republican Caucuses for both the House and the Senate petitioned the Commonwealth Court to intervene in the action brought by PEDF against Governor Corbett and aimed at protecting Pennsylvania's public lands and natural resources.
The Caucuses' Petition joins Governor Corbett in saying that Pennsylvania's Constitution doesn't matter, that the Public Trust (Article 1 Section 27) doesn't matter, and that the governor's and General Assembly's duties to preserve the Public Trust don't matter when there is natural gas to be extracted from public land. They furthermore argue that the funds from leasing these lands can and should be used for whatever use the governor and General Assembly deem appropriate, regardless of State law to the contrary.
- PEDF disagrees. Please see attorney John Childe's News Release, attached.
- Please see the Republican Caucuses' Petition, attached.
- Please help get the word out to everyone you know. ALL of our State lands are at risk!
- PLEASE HELP IN EVERY WAY YOU CAN! Go to PLEASE HELP!
Our Mission: Litigating for Our Environment
Pine Creek, photo copyright Richard Karp
The mission of the Pennsylvania Environmental Defense Foundation is to aid, assist and educate the people of Pennsylvania by advocating for and enforcing their rights to a clean environment.
Where environmental laws grant citizens the right to enforce the law by means of litigation, the Foundation will help individuals and environmental organizations exercise the citizen's provisions of the law.
The Foundation was established in 1986 as a Pennsylvania nonprofit corporation. It is registered both with the Pennsylvania Department of State as a charitable organization and with the Internal Revenue Service as a tax-exempt organization under IRS Code 501(c)(3).
Where environmental laws grant citizens the right to enforce the law by means of litigation, the Foundation will help individuals and environmental organizations exercise the citizen's provisions of the law.
The Foundation was established in 1986 as a Pennsylvania nonprofit corporation. It is registered both with the Pennsylvania Department of State as a charitable organization and with the Internal Revenue Service as a tax-exempt organization under IRS Code 501(c)(3).
