Split Pennsylvania High Court: Environmental Board Cannot Use Certain Fee Standards

Mealey's ( March 3, 2023, 1:35 PM EST) -- HARRISBURG, Pa. — An environmental hearing board tasked with adjudicating objections to permits granted by Pennsylvania’s Department of Environmental Protection (DEP) cannot require parties to show that another party acted in bad faith in order to be eligible for legal and attorney fees, the majority of the Pennsylvania Supreme Court held in a vacating two Pennsylvania Commonwealth Court decisions affirming the environmental board’s discretion to apply the bad faith standard....