Legal Opinion

Department of Environmental Protection v. North American Refractories Co.

Commonwealth Court of Pennsylvania

Decided February 8, 2002PublishedCited by 24 opinions

1Opinion of the Court

SMITH-RIBNER, Judge.

The Department of Environmental Protection (Department) petitions for review of an order of the Environmental Hearing Board (EHB) that sustained the appeal of North American Refractories Company (North American) and remanded its emission reduction credit (ERC) registry application to the Department for consideration on the merits. The EHB concluded that the Department erroneously denied North American’s application based upon the Department’s misinterpretation of a one-year deadline for applications set forth in 25 Pa.Code § 127.207(2). The EHB, however, stated in its…

2Cases cited6 opinions

  1. Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
  2. Warren Sand & Gravel Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1975
  3. Pelton v. Com., Dept. of Public WelfareSupreme Court of Pennsylvania · 1987
  4. Westinghouse Electric Corp. v. Pennsylvania Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2000
  5. Commonwealth v. BVER Environmental, Inc.Commonwealth Court of Pennsylvania · 1990

1 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Tire Jockey Service, Inc. v. CommonwealthSupreme Court of Pennsylvania · 2007
  2. Borough of Bedford v. Commonwealth, Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2009
  3. Pennsylvania Trout v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2004
  4. Arneson v. WolfCommonwealth Court of Pennsylvania · 2015
  5. Leatherwood, Inc. v. Commonwealth, Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2003

19 more not listed; retrieve them via the Exa API.

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