Commonwealth Department of Environmental Protection v. Schneiderwind

OPINION BY

Judge LEADBETTER.

In petitions for review of the Environmental Hearing Board’s (Board) order, the Department of Environmental Protection (Department) and Delaware Valley Concrete Company challenge the Board’s jurisdiction over an appeal from a letter issued by the Department refusing to prosecute a claim. Here, Walter Schneid-erwind had filed a complaint with the Department claiming that Delaware Valley Concrete had diminished the water supply to his farm. The Department and Delaware Valley contend that the Department’s letter was not an appealable final order or adjudication and…