Legal Opinion

Leeward Construction, Inc. v. Commonwealth, Department of Environmental Protection

Commonwealth Court of Pennsylvania

Decided April 2, 2003PublishedCited by 7 opinions

1Opinion of the Court

OPINION BY

Senior Judge MIRARCHI.

Leeward Construction, Inc. (Leeward) petitions this Court to review the order of the Environmental Hearing Board (Board) assessing a civil penalty of $258,500 against Leeward for violations of The Clean Streams Law. 1 We affirm.

Leeward is an earthmoving contractor and, in 1997-98, was a subcontractor on a project to develop a site for the construction of a Wal-Mart store in Wayne County. The site is in close proximity to Hol-bert Creek, adjacent wetlands, and an unnamed tributary to Holbert Creek. Holbert Creek flows for a short distance from the site into the…

2Cases cited6 opinions

  1. Leon E. Wintermyer, Inc. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2002
  2. Westinghouse Electric Corp. v. Pennsylvania Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2000
  3. Filoon v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1994
  4. News-Chronicle Co. v. Pennsylvania Human Relations CommissionCommonwealth Court of Pennsylvania · 1996
  5. Martin v. Commonwealth, Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1988

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Bishops, Inc. v. Penn National InsuranceSuperior Court of Pennsylvania · 2009
  2. Capital Bluecross v. Pennsylvania Insurance DepartmentCommonwealth Court of Pennsylvania · 2007
  3. Groce v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2007
  4. Pines at West Penn, LLC v. Pennsylvania Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2011
  5. Stambaugh v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2010

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API