On this page you will find current litigation that Three Rivers Waterkeeper is involved in fighting for clean water. As your Pittsburgh-based Waterkeeper we work to hold polluters accountable under the Clean Water Act.
Three Rivers Waterkeeper and Protect PT Appeal CNX Slickville Pipeline Project located in Westmoreland County, PA
Protect PT and Three Rivers Waterkeeper, have appealed two separate permits for the Slickville Pipeline Project issued by Pennsylvania's Department of Environmental Protection. Both permits are associated with CNX Resource Corporation's Slickville Pipeline project, which proposes to build a significant natural gas pipeline infrastructure stretching across roughly 13.9 miles. The appeals were e-filed on November 4th as serious concerns surrounding potential environmental contamination and community health impacts were not addressed within the permits.
The CNX Slickville Pipeline Project expands across Bell, Loyalhanna, and Salem Townships in Westmoreland County, and aims to transport natural gas and manage produced water (Produced water is a term used in the oil industry or geothermal industry to describe water that is produced as a byproduct during the extraction of oil and natural gas, or used as a medium for heat extraction) from drilling operations. Protect PT and Three Rivers Waterkeeper have provided substantial evidence of deficiencies regarding the permits during their open comment period. The joint comments raised numerous issues related to the permit applications that were not addressed in the final approved permit. Key problems include:
The project is also under scrutiny for its contributions to climate change. The Pennsylvania Climate Change Act of 2008 acknowledges that fossil fuel production significantly contributes to climate deterioration. The issuance of permits for this project would affirmatively promote fossil fuel extraction, leading to increased greenhouse gas emissions. DEP must review how the issuance of any permits for the project would exacerbate climate change by increasing downstream GHG emissions, but this information is not provided.
“At a minimum, the project will directly impact 54 wetlands, 43 streams, and 2 ponds, all of which contribute to the region's source of drinking water. The proposed pipeline would carry produced, highly radioactive water latent with heavy metals and PFAS chemicals, and any discharge or spill will have serious consequences to the environment and human health.” states Heather Hulton VanTassel, Executive Director of Three Rivers Waterkeeper.
The permit applications fail to identify the hazardous contaminants being carried by the produced water in the pipeline, and the project is devoid of any radiation monitoring, radiation protection plans, appropriate training, or emergency response procedures for highly radioactive substances.
Moreover, ongoing violations by CNX and CNXM further undermine confidence in the project and are strong evidence that all deficiencies of the permits must be addressed to secure the protection of our environment and public health. The publicly available violation history of CNXM indicates 290 violations, many recurring and outstanding through May 2024 with 53 open violations, many unresolved for years, and a history of non-compliance. CNX Gas has approximately 1,365 entries for notices of violation, consent orders, and civil penalties in the last 10 years.
“CNX and CNXM should not be allowed to expand production when there are so many unresolved environmental violations and noncompliance” states Hulton VanTassel.
“This is a company that claims to be ‘radically transparent’ yet continues to violate our right to clean air and water,” states Graber.
You can read the appeals here:
https://efiling.ehb.pa.gov/documents/4cabbad7-1324-4f86-904b-de7e74774ccb/view
https://efiling.ehb.pa.gov/documents/a567a175-c282-4d45-9623-8e892f281251/view
The CNX Slickville Pipeline Project expands across Bell, Loyalhanna, and Salem Townships in Westmoreland County, and aims to transport natural gas and manage produced water (Produced water is a term used in the oil industry or geothermal industry to describe water that is produced as a byproduct during the extraction of oil and natural gas, or used as a medium for heat extraction) from drilling operations. Protect PT and Three Rivers Waterkeeper have provided substantial evidence of deficiencies regarding the permits during their open comment period. The joint comments raised numerous issues related to the permit applications that were not addressed in the final approved permit. Key problems include:
- Permitting Inconsistencies: The PA Bulletin does not reflect that the Erosion and Sedimentation Control Plan (ESCP) application was revised and resubmitted in March 2024. CNX did not comply with Act 14 notification requirements, failing to provide updated notices to affected townships.
- Environmental Concerns: The Chapter 102 Erosion and Sediment permit states that 30.9 acres will be disturbed, contradicting the Project Limit of Disturbance (LOD) of 228 acres. The application also does not sufficiently address the existing impairment of the Beaver Run Watershed, nor does it identify impacts to high-quality and exceptional value waters requiring specific protective measures.
- Inadequate Analysis: There is no site-specific analysis of past land uses or the impacts to drinking water supplies. Additionally, the project’s assertions of remediation and restoration contradict environmental reports, suggesting a lack of comprehensive evaluation of potential pollution sources, including acid mine drainage.
- Disregarded Recommendations: The Site Restoration Report recommends field adjustments to the land slope, sturdier pipeline construction, and anti-landslide measures in order to prevent catastrophic shifts in the ground around the pipeline that could result in landslides and subsidence. However, the project implements none of these critical safety measures.
The project is also under scrutiny for its contributions to climate change. The Pennsylvania Climate Change Act of 2008 acknowledges that fossil fuel production significantly contributes to climate deterioration. The issuance of permits for this project would affirmatively promote fossil fuel extraction, leading to increased greenhouse gas emissions. DEP must review how the issuance of any permits for the project would exacerbate climate change by increasing downstream GHG emissions, but this information is not provided.
“At a minimum, the project will directly impact 54 wetlands, 43 streams, and 2 ponds, all of which contribute to the region's source of drinking water. The proposed pipeline would carry produced, highly radioactive water latent with heavy metals and PFAS chemicals, and any discharge or spill will have serious consequences to the environment and human health.” states Heather Hulton VanTassel, Executive Director of Three Rivers Waterkeeper.
The permit applications fail to identify the hazardous contaminants being carried by the produced water in the pipeline, and the project is devoid of any radiation monitoring, radiation protection plans, appropriate training, or emergency response procedures for highly radioactive substances.
Moreover, ongoing violations by CNX and CNXM further undermine confidence in the project and are strong evidence that all deficiencies of the permits must be addressed to secure the protection of our environment and public health. The publicly available violation history of CNXM indicates 290 violations, many recurring and outstanding through May 2024 with 53 open violations, many unresolved for years, and a history of non-compliance. CNX Gas has approximately 1,365 entries for notices of violation, consent orders, and civil penalties in the last 10 years.
“CNX and CNXM should not be allowed to expand production when there are so many unresolved environmental violations and noncompliance” states Hulton VanTassel.
“This is a company that claims to be ‘radically transparent’ yet continues to violate our right to clean air and water,” states Graber.
You can read the appeals here:
https://efiling.ehb.pa.gov/documents/4cabbad7-1324-4f86-904b-de7e74774ccb/view
https://efiling.ehb.pa.gov/documents/a567a175-c282-4d45-9623-8e892f281251/view
Protect PT and Three Rivers Waterkeeper Appeal EPA’s Decision to Permit a New Fracking Waste Injection WelL
Photo citation: Ted Auch, FracTracker Alliance,
In the Summer of 2022, Protect PT and Three Rivers Waterkeeper submitted comments (here and here), along with many others, to the US Environmental Protection Agency (US EPA) on the Sedat #4A Injection Well requesting that the US EPA NOT authorize the permit for Penneco Environmental Solutions, LLC to construct and operate this injection well. On September 21, 2023 the US EPA announced that they will issue the final permit for the Sedat #4a Injection Well located in Plum, PA. On October 26th Protect PT and Three Rivers Waterkeeper submitted a petition to the Environmental Appeals Board to appeal the US EPA’s decision to permit this injection well. More information to come. Read the petition here.
(The appeal is still being reviewed as of November 4, 2024.
(The appeal is still being reviewed as of November 4, 2024.
STYROPEK FACILITY ALLEGEDLY IN VIOLATION OF THE FEDERAL CLEAN WATER ACT
On monthly nurdle patrols along the Ohio River next to Raccoon Creek, Three Rivers Waterkeeper and Mountain Watershed Association observed an excess of nurdles within the Ohio River. Nurdles are small, plastic pellets roughly the size of a lego nub or smaller (<5mm) that are destined to be melted down and turned into plastic material. The two organizations traced the nurdles back to Styropek's main outfall (002) along Raccoon Creek, a major tributary to the Ohio River. This alleged illegal discharge of solid materials out of an outfall into a waterway was reported to the Pennsylvania Department of Environmental Protection. In December of 2022, the PA DEP did a visual inspection at several of Styropek's outfalls and identified nurdles present near Outfall 002. The presence of these nurdles in the waterways was continued to be seen during the monthly nurdle patrols along the Ohio River and along Raccoon Creek.
On October 3, 2023, Three Rivers Waterkeeper and PennEnvironment filed a formal notice of intent to sue BVPV Styrenics LLC and its parent company, Styropek USA, Inc., for alleged violations of the federal Clean Water Act at their plastic manufacturing facility in Monaca, PA. Together, Three Rivers Waterkeeper and PennEnvironment are leading the efforts with the National Environmental Law Center to hold these polluters accountable.
On December 5, 2023, PennEnvironment and Three Rivers Waterkeeper filed a federal lawsuit against BVPV Styrenics LLC and its parent company, Styropek USA, Inc. Read our full press release here.
The case is still being litigated as of November 4, 2024.
On October 3, 2023, Three Rivers Waterkeeper and PennEnvironment filed a formal notice of intent to sue BVPV Styrenics LLC and its parent company, Styropek USA, Inc., for alleged violations of the federal Clean Water Act at their plastic manufacturing facility in Monaca, PA. Together, Three Rivers Waterkeeper and PennEnvironment are leading the efforts with the National Environmental Law Center to hold these polluters accountable.
On December 5, 2023, PennEnvironment and Three Rivers Waterkeeper filed a federal lawsuit against BVPV Styrenics LLC and its parent company, Styropek USA, Inc. Read our full press release here.
The case is still being litigated as of November 4, 2024.
Read our full lawsuit here:
