Suit claims power line OK is illegal

Apr 21 - Pocono Record (Stroudsburg, PA)

The National Park Service concluded that a high-voltage power line and 195-foot tall towers across three federally protected park units would cause "severe and enduring damage," but approved it anyway, violating three federal laws and the agency's core mission, environmental groups charge in a lawsuit.

Officials at the highest level of the Park Service -- including U.S. Interior Secretary Ken Salazar -- ignored the facts to negotiate $66 million in "mitigation" from PPL Electric Utilities of Pennsylvania and PSE&G of New Jersey, they contend.

The fund is to be used to buy new lands outside the Delaware Water Gap National Recreation Area as "mitigation" for negative park impacts caused by the power line.

Mitigation negotiations began long before the federally mandated National Environmental Policy Act public review concluded last October, yet the public wasn't given an opportunity to learn about and comment on the compensation offer, charges the coalition that includes the Appalachian Trail Conservancy and the Sierra Club.

Public shut out

"Defendants ignored the law to make a deal with the companies," the groups' attorneys said in the April 12 court filing.

"Because this compensatory mitigation proposal was submitted at the end of the public comment period, the public did not have an opportunity to comment on it."

The environmental groups' motion asks a federal district judge to immediately overturn the park service approval by declaring the park service's final environmental impact statement unlawful, and order a new review.

The park service last October approved the utilities' application to cross the recreation area, Delaware River and Appalachian trail near Bushkill, part of a two-state, 147-mile transmission line upgrade.

This includes replacing 90-foot tall towers with 195-foot towers along a four-mile right-of-way predating creation of the Water Gap National Recreation Area.

Money tied to route

The $66 million offer was contingent on the park service selecting the utilities' route rather then several alternatives the park service developed as part of the review.

No compensation would be offered if the park service selected any of the alternative routes through federal lands under study.

"The amount of compensatory mitigation, in short, was largely arbitrary -- a result of undisclosed negotiations between the companies and the park service rather than any calculation of how much money was actually necessary to implement activities or to acquire lands that would compensate the public adequately for the identified losses from the project," coalition attorneys wrote.

Political pressure

The approval violates the agency's stewardship obligations under three federal environmental laws, the groups contend.

They said taller towers would create aerial hazards for migratory birds and cause irreplaceable damage to wetlands and hardwood forest.

The coalition pointed to the agency's final impact statement conclusion that taller towers and wider right-of-way would degrade the view shed and landscape for park visitors.

The electric utilities stalled a federally required environmental review for the power line upgrade, then politically pressured the National Park Service to approve it quickly despite inadequate public and agency review, and inadequate documentation on how the utilities planned to minimize environmental damage, the environmental groups contend.

They quoted internal government documents -- including a memo from Park Service Director Jonathan Jarvis to Salazar and "talking points" for a park service meeting with utility officials -- that pointed to utilities' pressure on members of Congress and officials of federal agencies.

The government and the utilities have yet to file replies to the motion to the overturn power line approval.

A decision on the motion is expected this summer.

The utilities hope to begin tower construction in the park this fall.

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