The EHB hears appeals from all final actions of the Department of Environmental Protection. It does so on a new evidentiary record, not on the administrative record considered by the department, and does so with a deferential standard of review. Pennsylvania environmental practitioners will find these concepts and the puzzles they present familiar. However, the department seems to be taking a large number of final actions in connection with oil and gas development now, and that field has attracted more than a few who (if accents at conferences are a guide) are not from Pennsylvania, and may not have wrestled with the Environmental Hearing Board Act in the past.
Renwand’s opinion in Consol offers an opportunity to revisit these issues.
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