On October 23, 2015, the Environmental Protection Agency published its final rule known as the Clean Power Plan, a state-centered plan to reduce carbon emissions from fossil-fueled power plants, the single largest source of carbon pollution. The Clean Power Plan, … Continue reading
Tag Archives: PADEP
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
Third Circuit issues troika of significant environmental law decisions
Someone forgot to tell the Third Circuit that we are nearing the end of August. Instead of binging on Danielle Steel novels at the beach, the court last week was busy turning out not one, not two, but three precedential … 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
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