Cole, C. v. DEP; Apl of: Adelphia Gateway

Summary

Justice Mundy concurs with the Third Circuit that DEP permitting decisions are final for purposes of Section 717r(d)(1) of the Natural Gas Act, but holds that an appeal to the Pennsylvania Environmental Hearing Board is not a “civil action” within that statute. The opinion emphasizes that Congress intended to streamline review, not create dual‑track litigation involving both federal courts and the EHB.