Bethlehem Landfill expansion deemed void by Northampton County judge

LOWER SAUCON TWP., Pa. — The Lower Saucon Township zoning ordinance that could have led to an expansion of Bethlehem Landfill has been deemed void by a county judge, according to a Monday ruling.

• A judge has ruled an ordinance that would have allowed an expansion of Bethlehem Landfill is void
• The ruling cites improper public notice, improper action by township council   
• Some parties call the decision ‘a huge victory’ and a literal 'breath of fresh air'

Northampton County Judge Abraham Kassis on Monday filed a statement of order and reasons with Northampton County Court.
Within the document, Kassis ruled the township’s zoning ordinance as void “ab initio,” meaning the decision held no legal effect since its adoption by township council on Dec. 21, 2022.

The judge cited improper public notice of rezoning intentions on behalf of Lower Saucon Township and Bethlehem Landfill Company, along with issues regarding the council's actions and vote.

The ruling halted progress toward a potential multi-stage expansion of Bethlehem Landfill with plans to rezone 275 acres for light industrial use and expand waste operations on site for decades to come.

Appellants Bruce Petrie, Ginger Petrie, Lawrence Opthof, Margaret Opthof, Frank Palumbo, Robert McKellin and Cynthia McKellin filed an appeal to the zoning ordinance on Jan. 13, 2023, against Lower Saucon Township and Bethlehem Landfill Company.

Kassis was assigned the case on Feb. 15, 2023, the appellants filed a brief in support of their land use appeal on March 29 and the appellees filed their own opposing joint brief on April 17.

Involved parties also met for oral argument on April 17.

'A breath of fresh air'

Gary Asteak, legal counsel for some of the residents who would've been affected by the expansion, said, “This is a huge victory for all of those that have opposed the expansion of the landfill."

Landfill counsel Maryanne Garber said her firm will continue serving the township all the same, despite the ruling.

“While we are disappointed in the Court’s decision, we are confident that at the end of the day, we will continue to be the trusted neighbor that has operated in Lower Saucon Township with integrity and the highest standards for over the past three decades,” Garber wrote in an email.

Victoria Opthof-Cordaro, a representative for Citizens of Responsible Development-Lower Saucon Township, said the ruling is a win for generations to come.

“All Lehigh Valley residents can take a breath of fresh air knowing these 275 acres of forest have been saved,” Opthof-Cordaro wrote in an email. “Landfill warriors will continue the fight to protect these lands.”

Joseph Bubba, attorney for St. Luke’s Anderson Campus, said he was not able to provide comment on behalf of the hospital.