Cole, C. v. DEP, Aplt.

Summary

The Supreme Court of Pennsylvania affirmed the Commonwealth Court’s ruling that the Pennsylvania Environmental Hearing Board (EHB) has jurisdiction to hear appeals of DEP permitting decisions and that the Natural Gas Act’s grant of exclusive federal jurisdiction applies only to civil actions, not to administrative proceedings. Accordingly, the Court remanded for the Commonwealth Court to send the matter to the EHB for a merits decision.