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The Marianna Outdoorsmen Association ("MOA") - a Pennsylvania non-profit based in Marianna Borough, Washington County, Pennsylvania which is dedicated to promoting outdoor activities and conservation efforts along the Ten Mile Creek Watershed - has initiated a lawsuit against the Pennsylvania Department of Transportation ("PennDOT") and the Pennsylvania Department of Environmental Protection ("PADEP") in an effort to protect and preserve recreational opportunities in the Commonwealth.

On a broad scale, MOA's lawsuit: (1) requests PennDOT and PADEP abide by their statutory and regulatory obligations under Pennsylvania's Clean Streams Law (the primary purpose of which is to preserve and protect the waterways of the Commonwealth); (2) challenges the failure of PennDOT and PADEP to comply with their constitutional duty under the Environmental Rights Amendment of the Commonwealth's Constitution to conserve and maintain recreational waterways for the benefit and enjoyment of the citizens of the Commonwealth; and (3) calls into question PADEP's discriminatory practice of treating state agencies more favorably in the permitting process than environmental stewardship groups (such as MOA).

Specifically, the lawsuit alleges that PennDOT's ill-conceived plan and unpermitted actions while conducting a roadway stabilization project in a streambank of Ten Mile Creek resulted in a significant redirection of streamflow and decimation of the streambank. As a result, a formerly pristine portion of Ten Mile Creek which supported recreational activities (including MOA's Annual "Anything That Floats Race" from 2007 through 2018) is now unusable for recreational activities. Despite repeated requests from MOA, PennDOT and PADEP have refused to take any action to remedy the destruction of Ten Mile Creek.

For additional information on MOA's lawsuit, please reach out to Jason White, Executive Director of the MOA, via telephone (724-579-0924) or via email (moa.jasonwhite@gmail.com).

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