Opponents of a proposed expansion by Bethlehem Landfill in Lower Saucon Township are celebrating a Northampton County court ruling.
The Northampton County Court of Common Pleas issued a decision Monday in which it ruled that Lower Saucon Township erred in its previous termination of mid-1990s conservation easements on land that would be part of the expansion.
“In the decision, Judge Abraham P. Kassis concluded that the Township, which should have acted as a trustee of public-dedicated land, lacked authority to rescind the easements without first obtaining approval from the Orphans’ Court as required under Pennsylvania’s Donated or Dedicated Property Act,” a Dec. 9 news release from the group Citizens for Responsible Development-LST stated. “Because the Township failed to follow this mandatory legal process, the Court held that the easements remain fully valid and enforceable. As a result, the Court reaffirmed that the Bethlehem Landfill Company is prohibited from expanding landfill operations into any areas protected by the reinstated easements.”
“Citizens for Responsible Development-LST expresses its appreciation to the residents and institutional intervenors who brought forward this challenge, as well as to their attorneys, whose careful advocacy ensured that the principles of conservation, public trust and responsible governance were upheld,” the statement concluded.
In addition to a number of township residents, Bethlehem Township, the Delaware & Lehigh National Heritage Corridor and St. Luke’s University Health Network have joined in efforts to block the controversial expansion, which has been under discussion for several years and would increase the size of the landfill by nearly 200 acres. Support for the proposed expansion has also been a factor in recent township council elections. In this year’s race, two candidates who oppose it won decisively over two candidates who were supported with mailers paid for by a landfill-aligned PAC. The result is that when council reorganizes in January, all five council members will have a record of questioning the expansion, which opponents have said they fear could have serious environmental consequences and negatively affect the quality of life in the township.
Bethlehem Landfill is located on Applebutter Road in Lower Saucon Township. In business since the early 1940s, when it was opened by the City of Bethlehem, the landfill has been privately owned and operated since the early 1990s. (FILE PHOTO)