The federal lawsuit over the now-defunct Community Bill of Rights in Highland Township may not be over.
The Crystal Spring ecosystem, Highland Township Municipal Authority and Citizens Advocating A Clean Healthy Environment (CACHE) have filed an appeal — not to the verdict, but to the federal court not giving them the chance to intervene in the suit.
The groups allege that the federal judge in the case, Magistrate Judge Susan Paradise Baxter, delayed ruling on their proposed intervention “long enough for the existing parties to settle (the) lawsuit,” which violated their right to intervene. The interests of the groups were not represented in the settlement, the groups argued, and now they have no legal recourse for the violation of these rights.
Both Seneca Resources, who filed the suit in the first place, and Highland Township, the defendant, are asking the Third Circuit Court of Appeals in Philadelphia to deny the request.
The ordinance has been repealed, and the consent order entered into by Seneca and Highland “does not seek to impose any duties or obligations” on the groups, Highland’s brief read, “or to deprive them oy any rights they might have under state or federal law.”
The matter is listed for argument on the merits on March 23.