The boiler house at the former power plant in Springdale can be imploded via explosives, the state’s Superior Court ruled Tuesday, reversing a decision from an Allegheny County judge pausing the demolition.
In a 24-page ruling, the Superior Court determined that Allegheny County Common Pleas Judge John T. McVay Jr. erred in pausing the implosion at the former Cheswick Generating Station and reversed his order, letting an implosion proceed.
In September 2023, 16 Springdale residents filed the injunction suit, seeking to block the implosion, which McVay granted in December after a monthslong trial. McVay set procedures for the attorneys to follow before he would consider dissolving the injunction and letting the implosion proceed.
The residents claimed that a June 2, 2023, implosion of the plant’s two smokestacks caused harm to their properties, health and community, and that an implosion of the boiler house would cause additional harm.
The power plant’s owner, CPERG, which is a subsidiary of environmental remediation firm Charah Solutions, appealed the decision to the state Superior Court this year along with the other demolition contractors, Grant Mackay Co. and Controlled Demolition Inc.
Part of Charah’s argument was that the residents had other outlets to challenge the state Department of Environmental Protection’s blasting permit and the asbestos clearance by the Allegheny County Health Department — and the Superior Court agreed.
The Superior Court wrote that the DEP and county health department have administrative remedy for the alleged harm that the residents could have pursued.
“Plaintiffs asked the trial court to invoke its equitable jurisdiction, without exhausting their administrative remedies,” the Superior Court’s order said. “We conclude this failure deprived the trial court of equitable jurisdiction to issue a preliminary injunction.”
The appellate court also said McVay’s order required the residents to pursue the other outlets by submitting a comprehensive plan to the DEP and health department for review and input, and requesting the DEP condition approval on the joint comprehensive plan. McVay’s order did not direct the DEP to accept the comprehensive plan.
An attorney representing Charah said late Tuesday that the company will let the opinion “speak for itself.”
Springdale Councilman Joe Kern — also a plaintiff in the injunction suit — was asked for comment at Tuesday night’s council meeting.
“Whatever the court decides, we’re going to have to respect that court decision and hope for the best for the prosperity for the town,” he said.
He said he is unsure what avenues the plaintiffs’ attorneys are considering. Attorneys representing the residents didn’t immediately return a request for comment.
Kern said, as a councilman, “We have to work with Charah for the betterment of the community, whichever way it goes.”