During oral arguments in Harrisburg last week, justices of the Pennsylvania Supreme Court grilled a lawyer for the Pennsylvania Department of Environmental Protection over why the agency would not want a prompt answer to a question of statutory interpretation, in arguments over jurisdiction in a declaratory judgment action dealing with a civil penalty that may be growing daily.

Geoffrey James Ayers, a lawyer for the DEP, argued that the Environmental Hearing Board was the proper venue for determining the interpretation of the Clean Streams Law.

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