Cole, C. v. DEP, Aplt.

Summary

Justice Mundy concurs with the majority that an appeal from the Pennsylvania DEP’s permitting decision to the Environmental Hearing Board is not a “civil action” under Section 717r(d)(1) of the Natural Gas Act, and therefore the statute does not preempt EHB review. He also warns that allowing both the EHB and the Third Circuit to review the same decisions may create duplicative, conflicting litigation, contrary to Congress’s intent to streamline review.