The Marianna Outdoorsmen Association (MOA) filed a lawsuit on Sept. 17 in Commonwealth Court accusing the Pennsylvania Department of Transportation (PennDOT) and the Department of Environmental Protection (DEP) of violating the state’s Clean Streams Law. The suit claims that PennDOT’s 2016 effort to stabilize the hillside supporting Main Street in Marianna caused riprap and other material to slide into Ten Mile Creek, degrading a once‑pristine stretch of the stream.
Allegations and impact on recreation
According to the complaint, the riprap that was placed on the hillside to prevent landslides ultimately entered the creek, eroding the banks and reducing streamflow. The MOA says the damage forced the permanent cancellation of its annual “Anything That Floats” race, a 3.2‑mile event that raised about $50,000 each year from 2007 through 2018. The loss of the race has also hurt local recreation and tourism near the Marianna Dam.
MOA’s concerns and agency response
MOA executive director Jason White said the organization raised concerns in June 2016 when DEP notified the group that PennDOT planned a general stabilization project on land the club leases from the borough. White warned that rocks used on the hillside could slide into the creek, but PennDOT proceeded.
“When this situation happened, PennDOT did not follow their approved permits,” White said. “If this was you or me or a private business that did this, we would have been pinned to the wall in a major, major way.”
A PennDOT spokesperson told the Herald‑Standard that the department had not yet been served with the lawsuit. The DEP has not responded to requests for comment.
Inspection and alleged inaction
DEP inspectors examined the stabilization work and the condition of Ten Mile Creek in April 2025. The agency gave PennDOT 15 days to develop a plan to shore up the bank and remove the excess riprap. The MOA says no comprehensive plan was ever produced, prompting the organization to move forward with legal action.
White added that the DEP’s handling of this case reflects a broader pattern of inconsistent enforcement across the state. “It’s not uniform how similar issues are handled across the state,” he said. “The canoe race getting destroyed – and that was a centerpiece – but there are major other implications that have opened up, kinda like Pandora’s Box. Because it’s never been fixed, it’s an ongoing illegal activity. It’s never been rectified or resolved.”
Relief sought
The lawsuit seeks declaratory judgment and injunctive relief, asking the courts to require PennDOT and DEP to reimburse the MOA for lost income and fees and to compel the agencies to remediate the creek. The MOA is represented by attorney Brandon Coneby of Peacock Keller.
Local significance
Ten Mile Creek has long been a focal point for outdoor recreation in Marianna, supporting canoeing, fishing, and community events. The alleged damage threatens not only the MOA’s fundraising activities but also the broader community’s access to a valued natural resource.
Local officials have not yet issued a formal statement on the lawsuit. The case is expected to proceed through Commonwealth Court, where a decision could set precedent for how state agencies manage public‑works projects that intersect with recreational waterways.
Original reporting: Herald-Standard – latest news for Uniontown, Pennsylvania — read the source article.
