MacHipongo Land & Coal Co. v. Commonwealth

OPINION OF THE COURT

CASTILLE, Justice.

The sole issue raised on reargument before this Court is whether the Commonwealth Court or the Clearfield County Court of Common Pleas has jurisdiction over further proceedings concerning appellants’ pre-enforcement challenges to an Environmental Quality Board (“EQB”) regulation where there exists no adequate administrative remedy. For the reasons set forth below, we vacate our prior judgment remanding this case to the Clearfield County Court of Common Pleas, and now order that this case be remanded to the Commonwealth Court for further proceedings.

On…