One of the Reasons It Never Ends

Henry Ingram, Esq. Article Appears in the Pennsylvania Landowner - June 1992

One of the Reasons It Never Ends

We all know that environmental regulations can have dramatic and often devastating impacts on landowners and land use and development. Story after story is told about some poor citizen who has become ensnarled in a regulatory problem which defies solution on any rational basis.

I have often heard the words “stunned,” “astonished” and “outraged” used by people to describe the abusive conduct or arrogant attitude of an environmental regulator. I am sure readers of these pages are often struck with the thought “can this really be happening in Pennsylvania or America?”

When hearing about someone losing the right to use his land or being hit with an excessive penalty a normal reaction is to think “Something is really wrong here. I’ll call my legislator and ask him to look into the situation.” How many times has the response been “I’ve never hear of such a program. I’ll look into it and get back to you” or “It couldn’t be, that just doesn’t sound right” When the legislator does get back to you, how many times have you heard: “I don’t agree with it but my hands are tied, it’s a DER regulation.”

The normal reaction at this point is “Well if we don’t like it and he doesn’t like it and he is our Representative, why doesn’t he do something about it?” Readers of The Landowner will also think to themselves “Isn’t that just what PLA convinced Tom Ridge to do on the wetlands issue and aren’t Tom and Jimmy Hayes championing our cause in Congress?” The readers are right but should not be lulled into a false sense of security or go back to sleep. The outrage about some new horror story should not be forgotten because of this one example of something really being done about excessive or abusive environmental regulations.

Instead, readers should stay awake and alert. First, wetlands reform legislation embodied in H.R. 1330 has not passed. Powerful and influential interests oppose it and the ultimate resolution of the current Congressional debate about wetlands is in doubt. Much work remains to be done and supports of this legislation must keep the pressure on. Readers should also keep in mind that the battle on the wetlands issue has been raging for at least three years and the outcome is still uncertain. Although organizations such as PLA have energized hundreds of thousands of ordinary citizens and focused public attention on the wetlands issue, anti-development, preservationist forces, although “slowed down” to some extent on wetlands, haven’t given up and are pressing their agenda on other fronts.

For example, most readers are familiar with well publicized legislative and regulatory initiatives, long advocated by the preservationist lobby, such as The Endangered Species Act, The Wild and Scenic Rivers Preservation Act and the Rails to Trails Act. all the regulatory programs being implemented and even expanded under these federal statutes carry the potential to impose more restrictions on the use of private property and prohibit development of more land and other natural resources.

Similar legislative and regulatory initiatives are emerging continually at the state and even the local government level. For example, the Pennsylvania Department of Environmental Resources is developing regulations that would allow anti-development preservationists to petition the Environmental Quality Board to have areas in Pennsylvania declared off-limits for extraction of sand and gravel and quarrying operations. Additionally, the Fish Commission continues to press to have Pennsylvania streams designated as Exceptional Value Waters just so, under DER policies, no permits will be issued for any kind of development. Apple local level, anti-development, preservationist groups are seeking to create “environmental compacts” or conservation districts to add another layer of bureaucracy, and enviro-regulation and to shackle the use of private property.

It seems that at almost every turn we’ve run into some new “environmental” a regulatory proposal which affects us as landowners. In the majority of situations, the land use or activity be limited or prohibited is not causing pollution or harming the natural environment. More often than not, the initiative or proposal seems to be based on someone’s (usually a stranger’s) preference or whim as to how our property should be used or developed.

Much of this anti-development/ preservationist activity is encouraged and nurtured by organizations which ordinary citizens and landowners may recognize by name but know little about. Without getting into questions of their motivation, philosophy or even their political agenda, the purpose here is to focus the reader’s attention on some vital facts and information about certain aspects of these organizations.

What follows are “capsule” profiles of five environmental organizations (among literally scores of others which have essentially the same preservationist philosophy) which are considered by many observers to be the most powerful and effective. These organizations are generally considered by legislators and regulators to be in the mainstream, responsible and qualified to participate in the public debate on environmental issues. To put it succinctly, they’re often strident voices are listen to public policy decision-makers.

It is enough to say here that the reason for existence of these organizations is to design, initiate, promote, advocate and implement the anti-development, preservationist agenda in the United States. They are powerful, effective, influential and well funded. What is alarming is that, generally speaking, large segments of the public don’t fully understand their methods of operation or the extent of their influence.
Any person who believes in limited government should be very concerned about the influence and agenda of these organizations. There is a real risk and the organizations such as PLA and other advocates of individuals’ rights to use and develop private property will be overwhelmed. Obviously, advocate of landowners Rights are currently being outspent and out shouted by the anti-development preservationist lobby. There may be very serious mismatch in the public debate which would form decision-making on critical environmental issues and policy.

In the circumstances, readers should abandon any thought of going back to sleep. Instead, stay alert and be prepared to recognize the anti-development initiatives and defend yourself against further restrictions on the use of your property. Above all, please continue and expand your support of organizations such as PLA which focus and advocate your interests and amplify the voices of all Pennsylvania landowners.

1. Information regarding these organizations and appeared in Coal Voice. The January/February 1992 Volume 15:1, and is reproduced here with permission of its publisher, the National Coal association. The reader’s attention is specifically directed to the numbers: the budget, staff and membership of each organization.
2. The national organizations profiled here have branches, sister entities and affiliates in Pennsylvania, all with members and separate funding.
Henry Ingram has practiced natural resources and environmental law in Pennsylvania for over 20 years. He is a member of Bachman Ingersoll Law firm in with John Ward, represents the Association and legal matters.

Pennsylvania Landowners’ Association, Inc.

P.O. Box 391

Waterford, PA 16441

Phone: 1.814.796.4023