April 16, 2025
Contact: Andrea Wittchen
Citizens for Responsible Development – Lower Saucon Township
Phone: 610-730-8246 Email: andreawittchen@gmail.com
Court Rules in Favor of Citizens, Bethlehem Township, St. Luke’s Hospital, and D&L National Heritage Corridor, Upholds Claims to Preserve Conservation Easements Against Bethlehem Landfill Expansion
LOWER SAUCON TOWNSHIP, PA — In a significant legal victory for residents, recreational trail users, and environmental advocates, the Northampton County Court of Common Pleas has denied landfill operator Bethlehem Landfill Company’s (BLC) attempt to dismiss a citizen-led lawsuit aimed at protecting more than 200 acres of conservation land from expansion of the Bethlehem Landfill.
Today’s ruling by Judge Abraham P. Kassis allows the lawsuit filed by local residents and environmental allies to proceed, citing clear and compelling standing established by the plaintiffs and affirming the Court’s jurisdiction over the disputed conservation and woodland easements that protect the property from development.
The conservation easements, originally recorded in 1994, were meant to protect forested buffers and preserve scenic views along the Lehigh River. In August 2023, Lower Saucon Township voted to rescind the easements without court approval, prompting the legal challenge.
The case was filed by residents living near the landfill, including Bruce and Ginger Petrie, along with St. Luke’s Hospital-Anderson Campus, Bethlehem Township, and the Delaware and Lehigh National Heritage Corridor, Inc. (D&L).
“This ruling is a validation of what we’ve known all along — that these easements are not just words on paper, but binding commitments made to protect our environment, our health, and our future,” said Andrea Wittchen, of Citizens for Responsible Development – LST, a local citizens group that has advocated for responsible land use and transparency in government. “The people who live here, work here, and cherish the Lehigh Valley’s natural beauty have every right to demand better than short-sighted destructions of conservation easements protecting scenic property.”
During testimony, resident Bruce Petrie described worsening odors, the spread of scavenger birds, and the threat to peaceful enjoyment of nearby homes. Experts from St. Luke’s detailed public health concerns, including threats to medical helicopter flights from scavenger bird strikes. The executive director of the D&L National Heritage Corridor testified that the trail’s scenic quality and ecological integrity — which draw over 1 million visitors annually — would be compromised by landfill expansion. The Court also found that Bethlehem Township established that it is aggrieved by the release of the conservation easements in that its residents benefit from the natural character of the land subject to those easements.
Judge Kassis ruled that the plaintiffs and intervenors have valid standing as residents, taxpayers, and third-party beneficiaries under Pennsylvania law, including the Conservation and Preservation Easements Act and the Environmental Rights Amendment to the Pennsylvania state constitution.
“This is about more than landfill expansion — it’s about public trust and holding our leaders accountable to promises made for the common good,” added Wittchen. “We are pleased with Judge Kassis’s thoughtful and principled decision. It affirms the community’s commitment to responsible stewardship of our natural resources and sends a powerful message that conservation easements are a permanent commitment, not a temporary obstacle to development.”
The ruling represents a significant milestone in the community’s ongoing effort to safeguard environmental quality, public health, and quality of life in Lower Saucon Township.
ATTACHMENTS: The full opinion can be made available upon request.
FOR MEDIA INQUIRIES: For further details, interview requests, or clarifications, please contact Andrea Wittchen (phone: 610-730-8246; e-mail: andreawittchen@gmail.com) or counsel for the citizen Plaintiffs, Gary N. Asteak, Esquire, at 610-258-2901.
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About Citizens for Responsible Development – LST: Formed in response to concerns surrounding the Bethlehem Landfill expansion, Citizens for Responsible Development – LST advocates for the protection and conservation of the natural environment in Lower Saucon Township and for responsible development consistent with those values. The citizens’ group is dedicated to ensuring the health, safety, and well-being of all residents and the preservation of the area’s scenic beauty.