For those of you concerned about the SCOTUS ruling and today's EPA redefinition of "Waters" and how that will impact projects in Pennsylvania ... nothing has really changed for us. We have had differing interpretations and definitions of "WOTUS" and "Waters of the Commonwealth" for decades. In practice, it is just differing numbers on permitting paperwork. Given our state laws and constitution, I don't see a legal challenge being successful. Fun fact: Only three states have "environmental rights" in their state's constitution. Pennsylvania was the first in 1971, Montana 1972, and New York in 2022. Excerpt from the Pennsylvania Constitution: § 27. Natural resources and the public estate. 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. (May 18, 1971, P.L.769, J.R.3)
I agree, nothing really changes for us. PA DEP takes jurisdiction and regulates Waters even when they are not protected at the federal level.
SENIOR PROJECT MANAGER AT BARRY ISETT & ASSOCIATES
1yBut SCOTUS was pretty specific about WOTUS and maybe the Governor or GAT would take a look. Coolbaugh Twp in Monroe County just passed a 300' buffer that would apply to wetlands the size of a shed. At some point science should be applied to specifically designated buffers and the definition of wetlands that can be reasonably ascertained during the feasibility stage of a project. It's also unclear in the constitution how 90% of the state doesn't have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.