The Pennsylvania Supreme Court has resolved a complex legal dispute over environmental regulation publication procedures by dismissing all appeals on January 6, 2026, ending litigation between the state's Department of Environmental Protection and the Pennsylvania Legislative Reference Bureau.
The dismissed cases (113, 114, 115, and 116 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 appealed Commonwealth Court decisions from June 28, 2022. The appeals challenged the Legislative Reference Bureau's handling of environmental regulation publication requirements.
The dispute centered on fundamental questions about how environmental regulations are codified and published in Pennsylvania. The Legislative Reference Bureau, led by Director Stephanie Fielder Latimore, oversees the Pennsylvania Code and Bulletin through Director Amy J. Mendelsohn. This bureau serves as the official repository for state regulations and plays a crucial role in making regulatory changes legally effective.
Multiple major energy companies had sought to intervene in the proceedings before their dismissal. Constellation Energy Corporation, represented by legal counsel from Pepper Hamilton LLP, filed intervention petitions citing substantial interests in Pennsylvania's environmental regulatory framework. The company argued that changes to regulation publication procedures could significantly impact their operations across multiple power generation facilities in the state.
Other energy sector entities that sought intervention included Heritage Power, LLC, which operates natural gas facilities, and several renewable energy companies with Pennsylvania projects. These companies contended that regulatory publication disputes create uncertainty in the energy market and affect long-term investment decisions.
Labor organizations also requested intervention rights in the dismissed cases. The International Brotherhood of Electrical Workers Local 126, representing workers at various energy facilities, argued that regulatory publication procedures affect employment stability in the energy sector. The union maintained that unclear regulatory processes could impact job security for their members working on projects subject to environmental oversight.
Additionally, the Pennsylvania State Building and Construction Trades Council sought intervention, representing workers across multiple construction projects that require environmental permits. The organization argued that publication delays or procedural disputes could affect project timelines and worker employment.
The Pennsylvania Supreme Court's January 6, 2026 dismissal order vacated the Commonwealth Court orders and remanded the cases as moot, effectively ending the litigation without a substantive ruling on the underlying regulatory publication dispute.
While the immediate legal dispute has been resolved through dismissal, the underlying questions about environmental regulation publication procedures in Pennsylvania remain significant for the energy sector and regulatory compliance. The dismissal means that existing procedures and precedents governing how environmental regulations are published and implemented will continue to apply without modification from this litigation.
The resolution of these appeals removes a source of regulatory uncertainty that had concerned energy companies and labor organizations operating in Pennsylvania's environmental regulatory framework.