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PA Supreme Court Dismisses DEP Appeals in Regulatory Authority Dispute

The Pennsylvania Supreme Court dismissed consolidated appeals on January 6, 2026, ending a dispute between the Department of Environmental Protection and the Legislative Reference Bureau over environmental regulation approval processes. Multiple energy companies were parties to the discontinued litigation.

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Seal of the Supreme Court of Pennsylvania

Case Information

Case No.:
J-33A-2025

Key Takeaways

  • Pennsylvania Supreme Court dismissed consolidated appeals (106 MAP 2023 and 107 MAP 2023) on January 6, 2026
  • Appeals involved dispute between DEP authority and Legislative Reference Bureau oversight of environmental regulations
  • Multiple energy companies and labor unions were parties to the discontinued litigation
  • Cases originated from Commonwealth Court orders issued on November 1, 2023
  • Appeals were dismissed via application rather than decided on the merits

The Pennsylvania Supreme Court dismissed two consolidated appeals on January 6, 2026, ending a regulatory authority dispute between the state's environmental regulators and legislative oversight bodies.

The dismissed cases (106 MAP 2023 and 107 MAP 2023) involved Jessica Shirley, interim acting secretary of the Department of Environmental Protection and interim acting chairperson of the Environmental Quality Board, who had challenged decisions by the Pennsylvania Legislative Reference Bureau. The litigation originated from orders issued by the Commonwealth Court on November 1, 2023.

In the first case, Shirley and the DEP had appealed Commonwealth Court rulings while challenging the authority of the Legislative Reference Bureau and its director, Stephanie Fielder Latimore, along with Amy J. Mendelsohn, director of the Pennsylvania Code and Bulletin.

The second consolidated case featured multiple energy and coal industry entities as parties opposing the DEP's position. The appeals were discontinued through application to the court rather than being decided on the merits, leaving the underlying regulatory authority questions unresolved by the state's highest court.

Topics

environmental protectionregulatory complianceappellate procedurecase dismissal

Original Source: courtlistener

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