by Frank Kummer, philly.com, April 29, 2019

Plan to build housing on contaminated Bishop Tube site in Chester County faces major setback

A Pennsylvania environmental board has essentially scrapped two state actions that would have paved the way for developer Brian O’Neill to build housing on a contaminated Chester County site.

The ruling on Friday appears to be a major setback for Constitution Drive Partners, a limited partnership involving O’Neill. The company wants to build housing at the defunct Bishop Tube site, contaminated by a variety of hazardous compounds.

The Pennsylvania Environmental Hearing Board concluded that amendments to an agreement with the developer stretching back to 2007 and 2010 not only are “arbitrary and capricious, ” but also “are void.”

“This is yet another environmental David and Goliath story,” said Maya van Rossum, leader of the Delaware Riverkeeper Network….

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