On May 10, the Commonwealth Court heard argument in Hatfield Twp. v. DEP, a set of consolidated appeals by municipalities operating sewage treatment plants concerning the “total maximum daily load” for Neshaminy Creek.
The case highlights a relatively new trend: petitions for attorney fees under the Pennsylvania Clean Streams Law at the conclusion of appeals to the Environmental Hearing Board. All of the petitions filed to date seek fees from the Department of Environmental Protection.
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