EHB hearing in Pennsylvania

1998In Gardner v. Department of Environmental Resources, 658 A.2d 440 (Pa.Cmwlth.1995), we concluded that the Machi-pongo decision did not preclude the vesting of jurisdiction in the EHB when a challenge to a DER (now DEP) enforcement action is lodged: The Gardners argue that the Supreme Court’s holding in Machipongo overruled this Court’s determination in Beltrami that the EHB has jurisdiction over taking claims.

1998In Gardner v. Department of Environmental Resources, 658 A.2d 440 (Pa. Cmwlth.1995), we concluded that the Machipongo decision did not preclude the vesting of jurisdiction in the EHB when a challenge to a DER (now DEP) enforcement action is lodged: The Gardners argue that the Supreme Court's holding in Machipongo overruled this Court's determination in Beltrami that the EHB has jurisdiction over taking claims.

2022Id.

2022Id.

2013This dismissal, however, does not prevent Funk from pursuing her constitutional arguments before the EHB and in this Court on petition for review of the EHB’s decision, even if the EHB were to rule that it cannot address her constitutional challenges. 2 Pa.C.S. § 703(a) (“A party who proceeded before a Commonwealth agency under the terms of a particular statute shall not be precluded from questioning the validity of the statute in the appeal, but such party may not raise upon appeal any other question not raised before the agency (notwithstanding the fact that the agency may not be competent t

1995The EHB then applied the test enunciated in Payne v. Kassab, 11 Pa.Cmwlth. 14 , 312 A.2d 86 (1973), and concluded that the benefits of the landfill outweigh the environmental harm.

1995The EHB then applied the test enunciated in Payne v. Kassab, 11 Pa.Cmwlth. 14 , 312 A.2d 86 (1973), and concluded that the benefits of the landfill outweigh the environmental harm.

1991Id., 123 Pa.Commonwealth Ct. at 490, 554 A.2d at 589 . 7 Having determined that uncontradicted affidavits may be considered by the EHB in hearing a motion for summary judgment, the question remains what effect they will be given.

1991Id., 123 Pa.Commonwealth Ct. at 490, 554 A.2d at 589 . 7 Having determined that uncontradicted affidavits may be considered by the EHB in hearing a motion for summary judgment, the question remains what effect they will be given.

1986To the contrary, Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 U.S. 519 (1978), held that intervenors must structure their participation so that it alerts the agency of their contentions (obscure references to matters that "ought to be" considered are not sufficient). [36] *381 No. 2072 C.D. 1984 PECO appeals that portion of the EHB order which remanded to DER requiring acquisition of a NPDES permit for diversion of water from the Delaware River into the East Branch. [37] PECO contends that NPDES requirements do not pertain to this discharge because it will

1984Western Hickory says that this is the teaching of Warren Sand & Gravel v. Department of Environmental Resources, 20 Pa. Commonwealth Ct. 186 , 341 A.2d 556 (1975).

1984Western Hickory says that this is the teaching of Warren Sand & Gravel v. Department of Environmental Resources, 20 Pa. Commonwealth Ct. 186 , 341 A.2d 556 (1975).

1981Controlling is onr recent case of Strasburg Associates v. Newlin Township, 52 Pa. Commonwealth Ct. 514 , 415 A.2d 1014 (1980), in which we held that a township did not have standing to challenge a DEE determination.

1981Controlling is onr recent case of Strasburg Associates v. Newlin Township, 52 Pa. Commonwealth Ct. 514 , 415 A.2d 1014 (1980), in which we held that a township did not have standing to challenge a DEE determination.