Community Matters: Shapiro’s accountability for Shell is a critical first step toward community empowerment

Daniel Rossi-Keen
Daniel Rossi-Keen

As of this week, residents of Beaver County have entered the inevitable next phase in their relationship with Shell. Despite what many will be tempted to think, it is not inevitable that this phase will produce results that are in the best interest of Beaver County residents.

On Wednesday, and thanks to Gov. Josh Shapiro’s bold leadership, the PA Department of Environmental Protection and Shell Chemicals Appalachia announced a crucial consensus. In an official consent order and agreement, Shell admitted to surpassing prescribed limits for air pollution. Shell also committed to completing necessary repairs to prevent future violations. Perhaps most notable, the energy company agreed to a substantial payment of nearly $10 million to the DEP and the local community as part of the settlement.

Roughly half of the agreed-upon $10 million fine will go toward paying a civil penalty, a quarter of which will be directed to local communities. Another $5 million will be spent by Shell on what is referred to as “environmental projects to benefit the local communities.” As Gov. Shapiro’s office explained, “communities in western Pennsylvania will directly receive $6.2 million for projects to benefit the environment, health and quality of life of the community near the facility.”

At first glance, and to the casual observer, this $10 million fine might appear to be a significant blow that will bring about genuine accountability from Shell. It may also appear to be a substantial win that will inevitably benefit residents of Beaver County. This is likely what Shell is hoping you will conclude from the myriad headlines that have been shared in recent days.

But the reality is far more complicated.

There is much more to learn about how the stipulations contained in the consent decree will be carried out. At these early stages, and while still admittedly lacking in critical information, a number of questions have been ringing in my ears since first reading the governor’s announcement.

To begin, I have lots of questions about who will ultimately benefit from such funds. What counts as a local community under this agreement? Are we talking about specific municipalities? If so, which ones? And what entity or entities decide who is on that list? Or will funds instead be directed to the county at large? And, regardless of whether these funds land in specific municipalities or with the county, who determines how such resources are utilized?

Additional questions emerge about what kind of projects will be deemed worthy of benefiting the environment, health and quality of life of Beaver County. What counts as an environmental, health or quality of life issue? Who will be making these important determinations and under what level of scrutiny? And what will be the timeline for deciding about such activities?

After carefully reading the consent decree, I also find myself wondering what role Shell will play in making decisions about how and where such funds are deployed. As written, the agreement stipulates that Shell and the DEP have 60 days to establish a Community Protocol that will outline “Shell’s continuing roles in seeking, evaluating, and supporting projects.” How, and in what ways will Shell be directing this process? Will Shell’s involvement be limited enough to ensure the interests of the community are the primary determinant of how such funds are spent?

Perhaps most important, I am concerned to know whether frontline communities will be meaningfully included in directing how and where these funds are used. Will these funds end up being spent on things like parks and food banks in a manner intended to ingratiate the community to Shell, yet without addressing underlying dynamics that continue to undercut community health? And will this process be another example where decisions are made on behalf of frontline communities, yet without their involvement?

As Beaver County enters this new season with Shell, residents should be slow to assume that the work of holding accountable our new neighbors is now complete. To be sure, I am appreciative of Gov. Shapiro’s bold and swift leadership on this matter. And I am grateful for the important work of The Environmental Integrity Project and Clean Air Council whose critical legal advocacy undoubtedly played a pivotal role in securing this important victory for residents of Beaver County. Such accolades notwithstanding, we must not be lulled into thinking our fight has been won. On the contrary, the battle has only just begun.

On behalf of my fellow residents of Beaver County, I commend Gov. Shapiro and the PA DEP for their leadership to date. I also call on them to take important next steps to ensure that this hard-fought victory produces outcomes that authentically represent and empower residents of Beaver County.

If Shell is truly to be held accountable over the long term, investments must be made that go beyond merely symbolic gestures intended to make residents feel better about their suffering. Ensuring that this happens will require direct and ongoing engagement with residents of Beaver County. It will also require continued leadership from Gov. Shapiro’s office to ensure that Beaver County residents are empowered to play a determining role in impending decision-making and resource allocation.

Daniel Rossi-Keen, Ph.D., is the co-owner of eQuip Books, a community bookstore in Aliquippa and the executive director of RiverWise, a nonprofit employing sustainable development practices to create a regional identity around the rivers of Beaver County. You can reach Daniel at daniel@getriverwise.com.

This article originally appeared on USA TODAY NETWORK: Community Matters: Shapiro’s accountability for Shell is a critical first step toward community empowerment