Sierra Club v. Dep't of Envtl. Prot.

OPINION BY JUDGE BROBSON

In this appeal from a decision by the Pennsylvania Environmental Hearing Board (EHB), Petitioner the Sierra Club contends that the EHB erred when it denied the Sierra Club's Application for Fees and Costs (Fee Application) from the Pennsylvania Department of Environmental Protection (Department) under Section 307(b) of The Clean Streams Law. 1 Generally, the Sierra Club complains that the EHB took a far too narrow approach at applying precedent from the Pennsylvania Supreme Court and this Court analyzing and applying the fee/cost shifting provision of The Clean Streams…