EQT Production Co. v. Department of Environmental Protection of the Commonwealth

OPINION BY

JUDGE BROBSON

I. INTRODUCTION

Before the Court for disposition is an Application for Summary Relief in this original jurisdiction matter. Petitioner EQT Production Company (EQT) seeks relief under the Declaratory Judgments Act 1 with respect to the Department of Environmental Protection’s (Department) interpretation of certain penalty provisions under The Clean Streams Law. 2 For the reasons set forth below, we grant EQT’s Application for Summary Relief. 3

II. BACKGROUND

For purposes of this Application for Summary Relief, the undisputed material facts are as follows. EQT owns and…