Legal Opinion

Brockway Borough Municipal Authority v. Department of Environmental Protection

Commonwealth Court of Pennsylvania

Decided January 6, 2016No. 789 C.D. 2015PublishedCited by 9 opinions

1Opinion of the Court

OPINION BY

Judge MARY HANNAH LEAVITT.

The Brockway Borough Municipal Authority (Authority) appeals an order of the Environmental Hearing Board (Board) that dismissed the Authority’s challenge to the issuance of a gas drilling permit by the Department of Environmental Protection (Department) to Flatirons Development Co. (Flatirons). The Authority contends that the Board’s decision is not supported by substantial evidence and violates Pennsylvania environmental law and Article I, Section 27 of the Pennsylvania Constitution. For the reasons that follow, we affirm.

Background

The Authority owns and…

2Cases cited4 opinions

  1. Payne v. KassabCommonwealth Court of Pennsylvania · 1973
  2. Payne v. KassabSupreme Court of Pennsylvania · 1976
  3. Department of Transportation v. Agricultural Lands Condemnation Approval BoardCommonwealth Court of Pennsylvania · 2010
  4. Ainjar Trust v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2002

3Cited by9 opinions

  1. United Refining Co. v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2017
  2. C. Lodge v. Robinson Twp. ZHB v. Robinson Twp.Commonwealth Court of Pennsylvania · 2022
  3. Gibraltar Rock, Inc. v. PA DEPCommonwealth Court of Pennsylvania · 2024
  4. H. Becker v. DEPCommonwealth Court of Pennsylvania · 2017
  5. National Fuel Gas Midstream Corp. and NFG Midstream Trout Run, LLC v. PA DEP Seneca Resources Corp. v. PA DEPCommonwealth Court of Pennsylvania · 2017

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