Colcom Foundation Advances Justice for Rural PA Residents with Support of Fair Shake Environmental Legal Services

A legal organization backed by Colcom Foundation is offering a ray of hope to residents with limited financial resources in pursuit of environmental justice. 

Fair Shake Environmental Legal Services is a trailblazing nonprofit firm that provides discounted legal services in environmental law cases to individuals of modest means. With its commitment to ecological justice, Fair Shake aims to address underserved populations and take into account clients' ability to pay. Made possible by the financial backing of organizations like Colcom Foundation and others committed to conservation and long-term sustainability, the firm offers tailored support to clients facing a range of environmental challenges, seeking to empower individuals who may have otherwise been unable to navigate the complexities of legal battles related to environmental issues.

Two such individuals are Siri Lawson and her husband Wayne, who live in Farmington Township in rural Pennsylvania.

In 2011, Siri and Wayne began experiencing the negative effects of brine spreading, the practice of dumping fracking brine wastewater on dirt roads. The Department of Environmental Protection (DEP) had permitted this activity calling it an affordable dust suppressant, despite the brine containing elevated levels of the radioactive isotope Radium 226. Siri suffered various health issues, such as swelling, irritation, and burning, while Wayne experienced back-to-back heart attacks associated with pollution exposure. Additionally, brine was often spread so heavily that it contaminated local streams and ponds where Amish children played.

In a David and Goliath-like move, Siri and Wayne decided to take action to protect themselves and their neighbors, despite severe challenges and previous disappointments with the legal system. 

In 2017, Siri teamed up with attorney Rose Monahan from Fair Shake Environmental Legal Services and began the process of challenging her township's authorizations for brine road spreading. When the township ignored its initial request to cease brine spreading, Fair Shake  filed an appeal with the Environmental Hearing Board (EHB) against the DEP and Farmington Township's primary residual waste hauler, Hydro Transport. The appeal challenged the DEP's authority to allow brine road spreading activities and argued that the lack of such authority should result in the invalidation of Hydro Transports' approval. It argued that the practice violated state and federal clean water laws and common law principles concerning environmental and human health. To strengthen their case, they hired subject matter experts, including hydrogeologist Paul A. Rubin, who provided evidence of the harmful particulate matter in the brine.

Surprisingly, before the reports could be submitted to the court, the DEP acknowledged their lack of authority and issued a statewide moratorium on brine road spreading. They also moved to dismiss the case, admitting their violation of the Solid Waste Management Act. At the same time, Hydro Transport's approval lapsed, leading to the judge's dismissal of the case, as the issue became moot. The outcome was a statewide ban on brine road spreading, achieving what Siri wanted and bringing relief to the community.

The Lawson case served as a catalyst for shutting down brine road spreading in Pennsylvania and highlighted the DEP's lack of authority under environmental laws. The case demonstrated the importance of collective commitment to achieving significant public interests. Siri and Wayne's relentless pursuit of justice showcased the environmental struggles faced by rural Pennsylvania communities against the oil and gas industry and shed light on the crucial necessity of conducting scientific assessments on the impacts of wastewater on both human health and the environment. 

Furthermore, it helped incentivize the government to establish "best management practices" for the responsible use and application of such wastewater.

Colcom Foundation, one of the major financial supporters of Fair Shake Environmental Legal Services, is a renowned philanthropic organization committed to supporting initiatives that promote environmental justice, conservation, and sustainability.

The support of Colcom Foundation for nonprofit environmental justice firms like Fair Shake is a vital lifeline in the arduous pursuit of justice and restoration of people like Siri and Wayne. Through its backing of such organizations, Colcom Foundation is actively working to address systemic inequalities and to empower victims of environmental injustice, ensuring they have the necessary resources and support to seek recourse and advocate for a healthier and more equitable environment. 

Additionally, the Foundation's support of legal firms fighting for environmental stewardship aligns with its overarching mission of advocating for accountability over our natural resources and advancing lasting change. 

By supporting organizations that amplify the voices of those impacted by environmental injustices, Colcom Foundation is contributing toward creating a society where the consequences of environmentally harmful practices are acknowledged, rectified, and prevented from continuing, ensuring a more sustainable and just future for all.

Learn more about Colcom Foundation here.

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