Judicial Update

In a 2021 Opinion and Order on a Motion for Summary Judgment, the Environmental Hearing Board (EHB or Board) clarified the limits of its de novo review powers in light of an argument that a deficiency in a permit application could be cured at trial under the Board’s de novo review powers.

The past decade has seen the re-emergence of Article I, Section 27 of the Pennsylvania Constitution, known as the Environmental Rights Amendment, or “ERA” as a stand-alone cause of action for challenges to actions of the Pennsylvania Department of Environmental Protection, and other federal and state agencies and commissions.