Environmental Law Posts, from members of Post & Schell’s Environmental Group, are intended to provide current updates and analysis of judicial opinions, emerging regulatory issues, and potential risks and liabilities in environmental law.
Often, decisions of the Supreme Court of the United States (SCOTUS) only impact a narrow range of entities and circumstances.Â However, several recent and pending cases related to environmental issues and land use will instead impact a wide-range of property owners.Â
Pennsylvania Supreme Court to Determine the Scope of Monetary Penalties Allowed Under the Clean Streams Law
The Pennsylvania Department of Environmental Protection (PADEP) has appealed to the Pennsylvania Supreme Court an order of the Commonwealth Court which significantly limits the amount of monetary penalties PADEP can assess under the Pennsylvania Clean Streams Law (CSL). Although it is still early in the proceedings, it appears likely that the Supreme Court's decision could provide important precedent regarding the extent to which PADEP can assess civil penalties under the CSL, especially if the Court accepts and addresses all of the issues PADEP has asserted are implicated by the Commonwealth Court's decision.