Legal Opinion
Lester v. Department of Environmental Protection
Commonwealth Court of Pennsylvania
Decided January 13, 2017No. 1778 C.D. 2015PublishedCited by 2 opinions
1Opinion of the Court
OPINION BY
JUDGE SIMPSON
Andrew Lester petitions for review from an order of the Environmental Hearing Board (EHB) that dismissed his appeal of a Department of Environmental Protection (DEP) administrative order requiring him to permanently close underground storage tanks pursuant to the Storage Tank and Spill Prevention Act (Storage Tank Act).1 The EHB determined that both “owners” and “operators” were subject to the Storage Tank Act’s closure requirements. Further, it determined DEP reasonably found that Andrew Lester was an “operator” under the Storage Tank Act and its regulations where he…
2Cases cited16 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Gibbs v. ErnstSupreme Court of Pennsylvania · 1994
- Khan v. State Board of Auctioneer ExaminersSupreme Court of Pennsylvania · 2004
- Commonwealth v. Barnes & Tucker Co.Supreme Court of Pennsylvania · 1977
- National Wood Preservers, Inc. v. Commonwealth Department of Environmental ResourcesSupreme Court of Pennsylvania · 1980
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3Cited by2 opinions
- S. & G. Corsnitz v. DEPCommonwealth Court of Pennsylvania · 2019
- S. Pileggi & S. Pileggi, h/w v. Newton Twp.Commonwealth Court of Pennsylvania · 2021