Supreme Court of Pennsylvania
Cole, C. v. DEP, Aplt.
January 22, 2025
Summary
The Supreme Court of Pennsylvania affirmed the Commonwealth Court’s reversal of the Environmental Hearing Board’s order, holding that the Natural Gas Act does not preempt the Pennsylvania Environmental Hearing Board’s (EHB) review of Department of Environmental Protection (DEP) permit decisions made under the Clean Air Act. The Court reasoned that the NGA’s savings clause preserves state authority to employ EHB review and that Pennsylvania’s SIP expressly incorporates such review.