Supreme Court of Pennsylvania

West Rockhill Twp v. DEP, Aplt.

January 22, 2025

Summary

The Supreme Court of Pennsylvania held that the Environmental Hearing Board retains authority to review Pennsylvania Department of Environmental Protection permit decisions under the Clean Air Act, and that the Natural Gas Act’s savings clause does not preempt that state‑level review. The Court grounded its decision in the incorporation of the EHB’s role in Pennsylvania’s State Implementation Plan and interpreted the NGA’s anti‑implied‑preemption provision to protect state administrative appeals.