The Falls Township supervisors did the right thing despite the prospect of being sued by Elcon. They voted unanimously to deny Elcon’s application.
Any applicant has the right to seek relief from the courts, and Elcon is no exception. Their decision to do so will be based on a number of considerations:
- The cost in time and money.
- The prospect of prevailing.
- Collateral decisions by PA DEP.
- The costs of complying with construction codes and a hostile enforcement body.
- Ongoing citizen opposition.
Environmental organizations should now prepare to put their money behind Falls should there be litigation. It’s not just the Elcon matter. At issue is the constitutional right of townships to act to protect the environment. Prevailing in a litigation will discourage those who wish to dismiss locals who oppose such things as pipelines, fracking, and other dangerous uses of land.