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
Tag Archives: natural gas
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
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