Funk v. Commonwealth, Department of Environmental Protection

OPINION BY

Senior Judge COLINS.

This matter is an action filed by Ashley Funk (Funk) in this Court’s original jurisdiction seeking to require the Department of Environmental Protection (DEP) to submit her petition for rulemaking with respect to fossil fuel carbon dioxide emissions to the Environmental Quality Board (EQB). Before the Court are DEP’s preliminary objections asserting that Funk’s Petition for Review is barred by the doctrine of exhaustion of administrative remedies. For the reasons set forth below, we sustain DEP’s preliminary objections.

The EQB is the administrative agency…