Source: https://www.philly.com, April 29, 2019
By: Frank Kummer
A Pennsylvania environmental board has essentially scrapped two state actions that would have paved the way for developer Brian O’Neill to build housing on a contaminated Chester County site.
The ruling on Friday appears to be a major setback for Constitution Drive Partners, a limited partnership involving O’Neill. The company wants to build housing at the defunct Bishop Tube site, contaminated by a variety of hazardous compounds.
The Pennsylvania Environmental Hearing Board concluded that amendments to an agreement with the developer stretching back to 2007 and 2010 not only are “arbitrary and capricious, ” but also “are void.”
“This is yet another environmental David and Goliath story,” said Maya van Rossum, leader of the Delaware Riverkeeper Network.
The Delaware Riverkeeper Network filed a legal challenge to the amendments granted by the state Department of Environmental Protection. The amendments would have allowed Constitution Drive Partners to develop the 13.7-acre Bishop Tube site on Malin Road in Frazer, East Whiteland Township, after some cleanup.