Lower Salford Township Authority v. Department of Environmental Protection

OPINION BY

Judge BROBSON.

Petitioner Lower Salford Township Authority (Authority) petitions for review of an order of the Pennsylvania Environmental Hearing Board (Board). The Board, following remand by this Court,1 denied the Authority’s application for an award of attorneys’ fees. In doing so, the Board concluded that the Authority failed to prove an element necessary for such an award — that conduct of Respondent Department of Environmental Protection (DEP) was a “significant factor”2 in the decision of the Environmental Protection Agency (EPA) to withdraw established “TMDLs” (total maximum…