Challenging the Rt 202 Extension in Bucks County, PA
Highways are among the most significant sources of water quality degradation, especially due to their secondary, sprawl inducing effects. The Clinic is addressing the negative impacts of roads and other infrastructure in the watershed. Most recently on this front DRN joined Buckingham Township in suing the Pennsylvania Department of Transportation for a proposal for an oversized and environmentally damaging highway, resulting in a substantial scaling back of the project and other improvements. DRN submitted an amicus brief supporting an appeal by Buckingham Township seeking attorneys fees, which resulted in a landmark decision by the PA Supreme Court confirming that Pennsylvania law strongly favors the awards of attorneys fees to plaintiffs in such cases and rejecting the U.S. Supreme Court's restrictive federal law precedent in Buckhannon. DRN sought leave to participate in the remand proceedings before the PA DEP Environmental Hearing Board and filed documents to secure attorneys fees. Our attorney fees request was ultimately denied.