David Mandelbaum, Greenberg Traurig. Attorney Fees Awards Under the Clean Streams Law
In February, the Pennsylvania Supreme Court decided that the Environmental Hearing Board could award attorney fees and litigation costs to a prevailing third-party appellant under the Clean Streams Law.
April 27, 2023 at 10:33 AM
7 minute read
In February, the Pennsylvania Supreme Court decided that the Environmental Hearing Board could award attorney fees and litigation costs to a prevailing third-party appellant under the Clean Streams Law. See Clean Air Council v. Department of Environmental Protection, No. 73 MAP 2021 (Pa. Feb. 22, 2023). Importantly, the award in that case was against the private applicant whose permits the third-party had challenged, not against the Department of Environmental Protection alone. That result has possible implications for how one might prudently pursue approvals. It may turn out to chill important behavior.
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