In a previous blog post, we discussed a decision by the Pennsylvania Commonwealth Court dismissing a petition for review filed by 18-year-old Ashley Funk seeking to require the Pennsylvania Department of Environmental Protection (DEP) to submit her petition for rulemaking to regulate fossil fuel carbon … Continue reading
Tag Archives: EHB
Pennsylvania Environmental Hearing Board issues trinity of opinions on fee shifting under the Clean Streams Law
On December 12, 2013, the Pennsylvania Environmental Hearing Board (EHB) delivered three opinions deciding several applications for attorney’s fees and costs under the Pennsylvania Clean Streams Law (CSL). Befitting the season, the EHB stuffed some of these stockings with gifts while … Continue reading
Environmental permitting in the context of a property rights dispute
Can the Pennsylvania Department of Environmental Protection (PADEP) issue a permit when confronted with a dispute regarding the applicant’s right to utilize the site of the proposed activity? Two occurrences this past month suggest that the answer may well depend on the statute under … Continue reading
Septic Saga, Part 2: Pennsylvania enacts Act 41, prompting threat of lawsuit
In a previous blog post, we discussed a policy that the Pennsylvania Department of Environmental Protection (PADEP) had proposed to guide its review of sewage facilities planning modules proposing the use of individual and community onlot sewage systems in High … Continue reading
Pennsylvania climate change litigation must begin its long journey at the Environmental Hearing Board
Earlier this month, in Funk v. DEP, No. 713 M.D. 2012 (Pa. Cmwlth., Opinion filed July 3, 2013), the Commonwealth Court of Pennsylvania dismissed a petition for review seeking to require the Pennsylvania Department of Environmental Protection (DEP) to submit a petition for rulemaking to regulate … Continue reading
Pennsylvania Environmental Hearing Board declines to follow the Sixth Circuit’s lead on air emissions aggregation
Last week, in an appeal filed by an environmental organization, the Pennsylvania Environmental Hearing Board (EHB) rejected an attempt by the operator of a gas processing plant and several compressor stations (connected to the plant via pipelines) to preclude evidence of the “functional relationship” between the … Continue reading
Septic Saga: PADEP proposes policy regarding onlot sewage systems in special protection watersheds
In response to an adjudication issued by the Pennsylvania Environmental Hearing Board (EHB) in late 2011, the Pennsylvania Department of Environmental Protection (PADEP) has issued a proposed policy that, if finalized, would guide its review of sewage facilities planning modules proposing the use … Continue reading
Go directly to Circuit Court. Do not pass the EHB. (But do collect permits from DEP.)
Earlier this month, the United States District Court for the Middle District of Pennsylvania held that Section 717b(d) of the Natural Gas Act (NGA), 15 U.S.C. § 717b(d), authorizes states to continue issuing permits under the federal Clean Water Act … Continue reading