RACHEL CARSON WAS BORN IN 1907 AND GREW UP IN A HOUSE AT 316 MANOR STREET IN SPRINGDALE, ALLEGHENY COUNTY. HER HOMESTEAD STILL STANDS. IT IS OWNED BY SPRINGDALE BOROUGH AND OPERATED BY THE RACHEL CARSON HOMESTEAD ASSOCIATION. FOR DECADES SHE WORKED FOR THE FEDERAL GOVERNMENT AS A MARINE BIOLOGIST AND EDITOR OF GOVERNMENT PUBLICATIONS.
Rachel Carson Homestead Association link
IN THE LATE 1950’S SHE BECAME AWARE OF SCIENTIFIC STUDIES AROUND THE COUNTRY SHOWING THE HARMFUL EFFECTS ON WILDLIFE CAUSED BY CHEMICAL INSECTICIDES SUCH AS DDT.
IN 1962, CARSON PUBLISHED HER BOOK SILENT SPRING. IT WAS ON THE NEW YORK TIMES BEST SELLER LIST FOR WEEKS. SHE PASSED AWAY IN 1964 HAVING SUFFERED FROM BREAST CANCER. HER SCIENTIFIC WORK TO DISCOVER AND PUBLICIZE THE DANGER OF ENVIRONMENTAL TOXINS IS CARRIED ON TODAY BY THE SILENT SPRING INSTITUTE.
I hope to give public comment when Allegheny County Economic Development's Planning Division reviews an application from the Developer, Allegheny Property Company LLC. I plan on using Rachel Carson quotes from Silent Spring. I will be removing any reference to poison or chemicals and replacing them with references to Artificial Intelligence Data Centers (AIDC).
Below are quotes with page references from Silent Spring's 40TH ANNIVERSARY EDITION, PUBLISHED IN 2002:
"WE HAVE SUBJECTED ENORMOUS NUMBERS OF PEOPLE TO CONTACT WITH THESE POISONS, WITHOUT THEIR KNOWLEDGE.
IF THE BILL OF RIGHTS CONTAINS NO GUARANTEE THAT A CITIZEN SHALL BE SECURE AGAINST LETHAL POISONS DISTRIBUTED BY PRIVATE INDIVIDUALS OR PUBLIC OFFICIALS IT IS SURELY ONLY BECAUSE OUR FOREFATHERS, DESPITE THEIR CONSIDERABLE WISDOM AND FORESIGHT, COULD CONCEIVE OF NO SUCH PROBLEM.” Silent Spring PAGES 12—13.
I will make no allegation that Allegheny DC or Springdale Borough are proposing to distribute lethal poisons in Springdale!
“THIS IS AN ERA…DOMINATED BY INDUSTRY, IN WHICH THE RIGHT TO MAKE A DOLLAR AT WHATEVER COST IS SELDOM CHALLENGED.
WHEN THE PUBLIC PROTESTS, CONFRONTED WITH SOME OBVIOUS EVIDENCE OF DAMAGING RESULTS OF PESTICIDE APPLICATIONS, IT IS FED LITTLE TRANQUILIZING PILLS OF HALF TRUTHS.” SILENT SPRING PAGE 13.
“I CONTEND THAT WE HAVE ALLOWED THESE CHEMICALS TO BE USED WITH LITTLE OR NO ADVANCE INVESTIGATION OF THEIR EFFECT ON SOIL, WATER, WILDLIFE AND MAN HIMSELF.
FUTURE GENERATIONS ARE UNLIKELY TO CONDONE OUR LACK OF PRUDENT CONCERN FOR THE INTEGRITY OF THE NATURAL WORLD THAT SUPPORTS ALL LIFE.” SILENT SPRING PAGE PAGE 12
Adoption. Unless otherwise noted, the provisions of Article I were adopted December 16, 1873, page 67874 P.L.3, effective January 1, 1874.
That the general, great and essential principles of liberty and free government may be recognized and unalterably established, WE DECLARE THAT--
§ 1. Inherent rights of mankind. *
All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.
§ 2. Political powers.
All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.
§ 6. Trial by jury.
Trial by jury shall be as heretofore, and the right thereof remain inviolate. The General Assembly may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case. Furthermore, in criminal cases the Commonwealth shall have the same right to trial by jury as does the accused.
11. Courts to be open; suits against the Commonwealth.
All courts shall be open; and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay. Suits may be brought against the Commonwealth in such manner, in such courts and in such cases as the Legislature may by law direct.
§ 25. Reservation of powers in people.
To guard against transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.
(May 16, 1967, P.L.1035, J.R.1)
§ 26. No discrimination by Commonwealth and its political subdivisions.
Neither the Commonwealth nor any political subdivision thereof shall deny to any person the enjoyment of any civil right, nor discriminate against any person in the exercise of any civil right.
(May 16, 1967, P.L.1035, J.R.1)
§ 27. Natural resources and the public estate. Civil right
The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.
Pennsylvania's public natural resources are the common property of all the people, including generations yet to come.
As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people. (May 18, 1971, P.L.769, J.R.3)
§ 28. Prohibition against denial or abridgment of equality of rights because of sex. Civil right
Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual.(May 18, 1971, P.L.767, J.R.2)
§ 29. Prohibition against denial or abridgment of equality of rights because of race and ethnicity.
Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the race or ethnicity of the individual.(May 18, 2021, P.L.493, J.R.1)
Building Together: The Springdale Data Center Project I've learned a lot about the Developer's position on many topics by reading the Frequently Asked Questions section at the bottom of the homepage.
"Springdale Council members say they legally had little choice in data center approval" 12-20-25 Valley News Dispatch by James Engel Link to article
After 45 minutes of public comment, motion was made to grant Developer Conditional Use Permit. Roll call vote was called. I suggest you right click this PDF and open in a new tab.
I believe Council members felt obligated to follow the the legal advice they received based upon Pennsylvania Municipal Planning Code (MPC) or the Borough could be sued by the Developer.
Contents:
Article V Subdivision And Land Development Ordinances (SALDO) pages 21-33
Article VI Zoning pages 45-55
Section 502.1 Contiguous Municipalities complain to Subdivision And Land Development Ordinance (SALDO) in Single Municipality*
Section 503 Contents of SALDO
Section 503.1 Water Supply
Section 507 Effect of SALDO
Section 508. Approval of Plats.
Section 509 Completion of Improvements Prerequisite to Final Plat Approval
Section 512.1 Modification
Section 513 Recording Plats and Deeds
Section 515.1 (b) Preventive Remedies
Section 515.3 Enforcement Remedies
Section 601 General Powers
Section 602 County Powers
Section 603 Ordinance Provisions
Section 604 Zoning Purposes
Section 605 Classifications
Section 606 Statement of Community Development Objectives
Section 607 Preparation of Proposed Zoning Ordinance
Section 608 Enactment of Zoning Ordinance
Section 608.1 Municipal Authorities & Water Companies
Section 609 Enactment of Zoning Ordinance Amendments
Section 610 Publication, Advertisement and Availability of Ordinances
Section 613 Registration of Nonconforming Usage, Structures & Lots
Section 614 Appointment and Powers of Zoning Officers
Section 615 Zoning Appeals
Section 616.1 Enforcement Notice
Section 617 Causes of Action
Section 617.1 Jurisdiction
Section 617.2 Enforcement Remedies
Section 617.3 Finances and Expenditures
Section 619 Exemptions
Section 619.1 Transferable Development Rights
Section 619.2 Effect of Comprehensive Plans and Zoning Ordinances
Section 621 Prohibiting the Location of Methadone Treatment Facilities
Allegheny County Economic Development (ACED) website Link
I visit this site to read the County's Subdivision and Land Development Ordinance. I think this is one of the most important stages for the Springdale AIDC proposal for residents to understand.
It is my understanding, once Springdale DC Property Company submits it's Land Development Application to Allegheny County Economic Development (ACED):
- the Application will be referred to ACED's Planning Division and
- all Allegheny County residents will be permitted to participate in a virtual public hearing or an in-person public hearing in Springdale, hosted by ACED.
Matthew Trepal, Manager, Planning Division
- Allegheny County Economic Development
- 436 Seventh Avenue, Suite 500
- Pittsburgh, PA 15219
I believe the SALDO will control whether or not ACED will give permission to Allegheny Property LLC (Developer) to build the AIDC.
- Here is a link to the official copy of the ACED SALDO within the Allegheny County Charter.
- Here is a link to a Summary of the ACED SALDO adopted in 2012 by Allegheny County.
The SALDO has five sections called Articles: Article 1 General Provisions
Article 2 Definitions (Specific & General)
Article 3 Procedures for Review, Approval
Article 4 Application Information
Article 5 Design Standards
Facts: In 1955 the General Assembly enacted the Oil and Gas Lease Fund Act (Lease Fund) requiring all rents and royalties from oil and gas leases on Commonwealth-owned land to be deposited in it. All these monies were to be "exclusively used for conservation, recreation, dams or flood control...."
In 1995, the General Assembly created the Department of Conservation and Natural Resources (DCNR). Thereafter, the General Assembly amended the Lease Fund to provide that all monies paid into the Lease Fund were "specifically appropriated to the DCNR."
Over the years, increased leasing of state lands for natural gas wells occurred. In 2009, the General Assembly amended the Commonwealth's Fiscal Code to to allow itself to amend the Lease Fund to permit it transfer Lease Fund monies to the Commonwealth's General Fund, not the Lease Fund. The General Fund is spent on state projects other than "conservation, recreation, dams or flood control..."
Pennsylvania Environmental Defense Foundation (PEDF) filed a lawsuit in Commonwealth Court claiming the General Assembly's reallocation and the Governor's spending of General Fund monies as part of the Commonwealth's General Fund "violated the rights of all Commonwealth citizens conferred by the Environmental Rights Amendment (Article 1, Section 27)." Commonwealth Court issued an order granting summary relief to the Commonwealth and denying PEDF’s application for summary relief.
Appeal Issue: PEDF appealed to the PA Supreme Court claiming the General Assembly's reallocation and the Governor's spending of Lease Fund monies as part of the General Fund, violated the Environmental Rights Amendment. PEDF claimed both state agencies failed to act within their roles as "trustees" of our public natural resources. The General Assembly and Governor did not act in a prudent, loyal or impartial manner regarding the Lease Fund monies.
Court's Holding: Article I, Section 27 of the Pennsylvania Constitution provides:
The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.
Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come.
As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.
"This is not the first time we have been called upon to address the rights and obligations set forth in the Environmental Rights Amendment. We did so in Robinson Township and we rely here upon the statement of basic principles thoughtfully relied upon in that plurality opinion."
" By arguing that proceeds obtained from the sale of our natural resources are not part of the corpus of the trust, the Commonwealth improperly sees itself as a mere proprietor of those natural resources, rather than as a trustee."
According to Webster's Ninth New Collegiate Dictionary, "proprietor" is one who has the legal right or exclusive title to something: owner.
"In the Commonwealth's view, it may dispose of our public natural resources as it so chooses and for any such purpose it so conceives, so long as such disposition broadly benefits the public (apparently without regard to the "generations yet to come")...as such it urges us to substantially diminish it's fiduciary obligation to prevent and remedy the degradation of our natural resources. We decline to do so."