West Rockhill Twp v. DEP; Apl of: Adelphia Gateway

Summary

The Supreme Court affirmed the Commonwealth Court, holding that the Pennsylvania Environmental Hearing Board (EHB) has jurisdiction to review the DEP’s permitting decision and that such an EHB appeal is not a “civil action” within the meaning of the Natural Gas Act’s exclusive jurisdiction provision. Accordingly, the appeal is remanded to the Commonwealth Court for further proceedings before the EHB.