West Rockhill Twp v. DEP, Aplt.

Summary

The Supreme Court held that Pennsylvania DEP permitting decisions are final for purposes of Section 717r(d)(1) of the Natural Gas Act, that an appeal to the Environmental Hearing Board is not a “civil action” under that statute, and therefore Section 717r(d)(1) does not preempt EHB review. The Court affirmed the lower courts’ rulings permitting EHB review.