Legal Opinion

Baehler v. Department of Environmental Protection

Commonwealth Court of Pennsylvania

Decided December 6, 2004PublishedCited by 1 opinion

1Opinion of the Court

OPINION BY

Judge SMITH-RIBNER.

Robert E. Baehler petitions for review from an order of the Environmental Hearing Board (Board) dismissing his appeal from a compliance order issued by the Department of Environmental Protection (Department) for violations of -the Dam Safety and Encroachments Act (Act), Act of November 26, 1978, P.L. 1875, as amended, 32 P.S. §§ 693.1-698.27. Baehler contends that the Board erred in concluding that his takings claim was premature; erred in concluding that his due diligence in complying with the law was irrelevant; erred by not finding that he was prejudiced by the…

2Cases cited9 opinions

Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 2002
United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
Boise Cascade Corporation v. United StatesCourt of Appeals for the Federal Circuit · 2002
Petrosky v. ZON. BD., UPPER CHICHESTER TP.Supreme Court of Pennsylvania · 1979

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3Cited by1 opinion

S. Pileggi v. DEP (EHB)Commonwealth Court of Pennsylvania · 2026