Permit Appeals

We represent permittees that receive unfavorable decisions, as well as third parties that appeal permit decisions. Reported decisions or settlement agreements in which we have been involved include:

  • Groce v. Department of Environmental Protection, 921 A.2d 567 (Pa. Commw. Ct. 2007)(appeal from issuance of air pollution permit to construct waste coal-fired power plant)

  • BP Products North America, Inc. v. Department of Environmental Protection, No. 2005-032 (Pa. EHB consent adjudication approved April 12, 2007)(storm water NPDES permit for petroleum terminal)

  • Tennessee Gas Pipeline Co. v. Department of Environmental Protection, No. 2005-261 (Pa. EHB consent adjudication approved Aug. 17, 2006)(air pollution permitting of turbine compressor engine maintenance along gas pipeline)

  • Sunoco, Inc. (R&M) v. Department of Environmental Protection, No. 2005-269 (Pa. EHB settlement June 12, 2006)(appeal from application of Acid Rain Program monitoring to auxiliary boilers at oil refinery)

  • Seneca Resources Corp. v. Department of Environmental Protection, No. 2004-010 (Pa. EHB consent adjudication approved April 28, 2006)(erosion and sediment control permitting of timber operation)

  • National Fuel Gas Supply Corp. v. Department of Environmental Protection, 2005 Pa. Environ. LEXIS 65 (Pa. EHB Oct. 26, 2005)(air pollution permitting of engines at natural gas pipeline compressor station)

  • P.H. Glatfelter v. Department of Environmental Protection, 2000 E.H.B. 1204 (Pa. EHB Oct. 13, 2000)(NPDES permit for wastewater discharge from paper mill)

  • Gillen v. City of Neenah, 219 Wis.2d 806, 580 N.W.2d 628 (1998)(third-party appeal of permits for industrial incinerator)

  • Franklin Township Board of Supervisors v. Department of Environmental Resources, 1992 E.H.B. 266 (Pa. EHB Mar. 20, 1992)(appeals from denial of landfill expansion permit)

  • Bridgeview, Inc. v. Department of Environmental Resources, 1991 E.H.B. 1949 (Pa. EHB Dec. 17, 1991)(appeal from waste-origin restriction in medical waste incinerator permit)

  • P.H. Glatfelter Co. v. United States Environmental Protection Agency, 921 F.2d 516 (4th Cir. 1990)(petition for review of individual control strategy for dioxin discharges in paper mill NPDES permit)