Legal Opinion

Costanza v. Department of Environmental Resources

Commonwealth Court of Pennsylvania

Decided March 27, 1992No. 1339 C.D. 1991PublishedCited by 6 opinions

1Opinion of the Court

BARRY, Senior Judge.

Louis Costanza, t/d/b/a Elephant Septic Tank Service (Costanza), appeals from an order of the Environmental Hearing Board (the Board) which dismissed Costanza’s petition for declaratory relief due to lack of jurisdiction. Costanza seeks a determination that the Board has the inherent power to grant declaratory relief and a remand to the Board. In the alternative, Costanza asks this Court to grant the declaratory relief he seeks. We are not persuaded by Costanza’s arguments and affirm.

On March 6, 1991, the Pennsylvania Department of Environmental Resources (DER) sent…

2Cases cited4 opinions

  1. Kariher's Petition (No. 1)Supreme Court of Pennsylvania · 1925
  2. Commonwealth, Department of Environmental Resources v. Butler County Mushroom FarmSupreme Court of Pennsylvania · 1982
  3. Marinari v. DEPT. OF ENV. RESOURCESCommonwealth Court of Pennsylvania · 1989
  4. Kaiser Energy, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1988

3Cited by6 opinions

  1. Cornerstone Family Services, Inc. v. Bureau of Professional & Occupational AffairsCommonwealth Court of Pennsylvania · 2002
  2. Rowan v. Pennsylvania State Employes' Retirement BoardCommonwealth Court of Pennsylvania · 1996
  3. Martorano v. Philadelphia Board of Pensions & RetirementCommonwealth Court of Pennsylvania · 2008
  4. Sayreville Seaport Associates Acquisition Co. v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2012
  5. F.E. Beishline v. DEPCommonwealth Court of Pennsylvania · 2020

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