Springdale residents' lawyers file brief supporting court decision to pause power plant implosion

An Allegheny County judge was within his scope of powers to grant a preliminary pause of a planned implosion of a boiler house at the former power plant in Springdale, lawyers representing 16 Springdale residents in a court case argued.

On Wednesday, attorneys representing the 16 borough residents filed a brief to the state’s Superior Court supporting Judge John T. McVay Jr.’s decision to temporarily pause an implosion of the former Cheswick Generating Station’s boiler house.

Last September, borough residents filed an injunction to block the implosion of the boiler house. Charah Solutions, the property owner; Grant Mackay Co., the demolition contractor; and Controlled Demolition Inc., the explosive subcontractor, appealed that decision to the Superior Court.

John Kane, an attorney representing the residents, wrote in the brief that none of the dozen alleged judicial errors argued by the companies have “any substance” that would warrant the preliminary injunction be overturned.

“The trial court was well within the scope of its powers when it granted plaintiffs’ preliminary injunction, but denied a permanent one, and outlined a number of actions that defendants could undertake should they desire to seek another implosion in the future,” Kane wrote.

“Contrary to the arguments of defendants, plaintiffs were not obligated to file an administrative challenge to the (Department of Environmental Protection) blasting permit or (Allegheny County Health Department) asbestos clearance. Plaintiffs sought an emergency preliminary injunction because they would all be harmed in spite of the granting of the permits,” the brief said.

Kane also wrote that the $50,000 plaintiff bond set by McVay was appropriate because “Charah utterly failed to meet its burden of proof that it was entitled to additional sums.”

In its appeal, attorneys representing Charah alleged that the residents did not meet six necessary prongs to grant an injunction.

Reached Monday, attorney Dave Raphael indicated Charah would be filing a reply to the residents’ brief and said he would let that filing speak for itself.