The Pennsylvania Supreme Court has dismissed a complex environmental regulation dispute as moot, concluding consolidated cases that had pitted the Department of Environmental Protection against the Pennsylvania Legislative Reference Bureau and drawn significant industry attention.
On January 6, 2026, the Supreme Court dismissed appeals numbered J-33E-2025 through J-33H-2025, which stemmed from Commonwealth Court orders dated June 28, 2022. The primary case involved Jessica Shirley, the interim acting secretary of the Department of Environmental Protection and interim acting chairperson of the Environmental Quality Board, challenging decisions by the Pennsylvania Legislative Reference Bureau and its officials.
The original dispute centered on the authority and procedures surrounding environmental regulation implementation in Pennsylvania. The Legislative Reference Bureau had challenged certain environmental regulations, leading to a complex legal battle over regulatory authority between multiple state agencies.
Several major energy companies, including Constellation Energy, had initially sought to intervene in the proceedings, highlighting the significant industry implications of the regulatory dispute. However, as the case progressed, some parties, including Constellation, applied to discontinue their appeals as the underlying regulatory issues were resolved.
The cases were submitted to the Supreme Court on May 13, 2025, but became moot before a final decision could be rendered. In legal terms, a case is dismissed as 'moot' when the underlying dispute has been resolved or circumstances have changed such that the court can no longer provide meaningful relief to the parties.
The dismissal indicates that the Department of Environmental Protection and Legislative Reference Bureau were able to resolve their regulatory authority dispute through administrative or legislative means, eliminating the need for judicial intervention. This outcome allows the environmental regulation process to continue under the resolved framework without further court oversight.
Following the dismissal, the cases have been remanded to the Commonwealth Court, formally concluding the Supreme Court proceedings that had been closely watched by environmental law practitioners and industry stakeholders throughout Pennsylvania.