In Pennsylvania, the Environmental Hearing Board adjudicates challenges to final actions of the Pennsylvania Department of Environmental Protection. Hearings before the board are de novo, and are conducted much like a case in a trial court, albeit at times with relaxed evidentiary rules. Because its jurisdiction is limited to reviewing final actions of the department, the board has developed considerable expertise in adjudicating environmental disputes.
In two recent decisions, the board demonstrated its willingness to reverse decisions of the department where necessary to protect the rights of regulated entities or the quality of exceptional value waters. In the first case to be discussed, Robinson Coal v. Pennsylvania Department of Environmental Protection , the board responded to the difficulties that the regulated community at times faces in resolving disputes with the department before enforcement is initiated. In the second case, Pine Creek Valley Watershed Association Inc. v. Pennsylvania Department of Environmental Protection , the board showed its vigilance in protecting exceptional value waters from proposed wastewater discharges that may place these waters at risk.
Robinson Coal
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