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

Summary

Justice Mundy concurs with the majority that an appeal from the DEP’s permitting decision to the Pennsylvania Environmental Hearing Board is not a “civil action” under 15 U.S.C. § 717r(d)(1) and therefore is not preempted by that provision. The concurrence emphasizes that the phrase “civil action” refers only to cases in courts of law or equity, not quasi‑judicial agency proceedings, and warns that allowing both the Third Circuit and the EHB to review the same decision could create contradictory outcomes and delay infrastructure projects.