Your Representatives Are Wrong. Your Voice Does Matter.

Posted Jul 19, 2022, by Nina Victoria and Ethan Story

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Photo by Tara Winstead on Pexels

This blog is an update to one posted June 13: Local Elected Officials Object to Hearing Your Voice.

Recently the PA Department of Environmental Protection (“DEP”) held a public comment period on their new draft Environmental Justice Policy (“Policy”). This Policy was created to provide those who reside in an environmental justice community the opportunity to better understand the potential impacts on human and environmental health of a proposed project located in their community. Additionally, the Policy provides the residents of an environmental justice community the opportunity to voice their concerns and to suggest limiting the harms of such proposed projects with the developer and the state. 

During the two-month public comment period for the Policy, hundreds of comments were received by the DEP, many in support of the Policy, including some ideas on strengthening protections for environmental justice communities. However, one comment in particular sticks out. The Chairman of the State House Environmental Resources and Energy (“ERE”) committee, Daryl Metcalfe, among many other elected officials, sent a letter to the DEP stating that the House ERE and its constituents believe that this Policy is without merit. Essentially, even though this Policy aims to provide constituents a chance to voice their concerns and better understand what is being proposed in their neighborhood, they believe the DEP does not have the authority to do this. Instead, the ERE argues that the General Assembly holds this power. Yet, the General Assembly has not moved on any legislation which would mirror what the draft Policy offers people living in the Commonwealth. 

Even more troublesome is that the ERE explicitly stated in their letter that the DEP should have come to them, the General Assembly, to promulgate such safeguards. They also said in their letter that there currently is not any legislation that touches on this type of protection for the Commonwealth. That statement is untrue. House Bill 2043 was introduced into the ERE Committee on November 3, 2021. This bill contains many components the public asked for in their comments to the DEP concerning the draft Policy. HB 2043 requires operators to provide easy-to-understand reports of the proposed project and ample time for community members to review and comment on that proposed development, two of the very same mainstays of the draft Policy. To say that the DEP must come to the General Assembly to accomplish these goals and to share that there is nothing currently sitting in front of the General Assembly that is similar to the draft Policy is disingenuous.

CCJ is working with many stakeholders to promote and help move HB 2043 through the General Assembly and will provide updates on its progression.


  • Nina Victoria

    Nina Victoria is excited to join the CCJ team as our Community Advocate. She was previously our Policy Fellow. Before beginning work at CCJ, Nina graduated from Duquesne University School of Law, where she served as Editor-In-Chief of JOULE: Duquesne Energy & Environmental Law Journal and an intern for PA State Senator James Brewster’s office. Before law school, Nina attended the University of Washington where she received her Bachelor of Arts in Political Science. As a lifelong resident of Coal Center, PA, Nina is passionate about protecting the health and safety of the residents of Southwestern PA and our natural resources. Whether it is gardening, paddleboarding, or playing with her dog, when Nina is not working you will likely find her outside enjoying the fresh air. Contact Nina at nina@centerforcoalfieldjustice.org.

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  • Ethan Story

    Ethan comes to CCJ with a J.D. and a Master of Environmental Law and Policy from Vermont Law School. While attending Vermont Law School, Ethan worked as a Research Associate with the Water and Justice Program. In this role, he worked with diverse stakeholders to help protect their access to reliable, clean water. Ethan also interned with the PA Department of Environmental Protection and Pennsylvania Environmental Council, where he worked on issues ranging from coal and oil and gas development to water treatment facilities. He has been published on the subjects of public trust, water rights, and other environmental issues. When he is not at work, he spends time with his family, running, and fly fishing one of PA’s many beautiful rivers. Contact Ethan at ethan@centerforcoalfieldjustice.org.

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2 thoughts on “Your Representatives Are Wrong. Your Voice Does Matter.”

  1. Best way to solve the ERE problem, get out the vote and remove Daryl Metcalf from office. I can’t believe his constituents are aware of the negative positions he takes on anything labeled “environmental”. Formerly chair of the “government” committee, he blocked every piece of progressive legislation.

    1. Thanks for your comment, Rich! Representative Metcalfe is not running for re-election, so the Speaker of the House will appoint a new Chair of the House ERE when his term ends. Still, everyone should get out and vote!

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