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.
Judicial Update
The Law of “Constitutional Standing” Taking Shape in Pennsylvania
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.
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