A company threatened by an administrative agency with ongoing penalties based on the agency’s statutory interpretation of a law has the right to seek an immediate judicial declaration that the agency’s interpretation is erroneous, the Pennsylvania Supreme Court has ruled.
A 3-1 majority of the court held Dec. 29 that EQT Production Co. can challenge before the Commonwealth Court a Department of Environmental Protection interpretation regarding environmental penalties for leaks from its natural gas wells, rather than proceeding before the Environmental Hearing Board.
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