West Rockhill Twp v. DEP, Aplt.

Summary

The Court held that the Environmental Hearing Board has jurisdiction to review challenges to Pennsylvania Department of Environmental Protection permitting decisions for projects regulated under the Natural Gas Act. It concluded that finality does not attach until the state administrative process is completed or the period for seeking EHB review expires, and that an EHB appeal is not a "civil action" subject to the federal courts' original and exclusive jurisdiction. The Court affirmed the Commonwealth Court and remanded for the EHB to decide the challenges on their merits.