The Weirdness of Appeals Under Section 308 of Act 2

Pennsylvania has an aggressive brownfields remediation program under the Land Recycling and Environmental Remediation Standards Act (Act 2), 35 Pa. Stat. Ann. Sections 6026.101 to .908. Section 308 of Act 2 makes all “decisions by the Department of Environmental Protection involving the reports and evaluations required under Act 2 to be considered appealable actions under” the Environmental Hearing Board Act. That stands out from the rest of Pennsylvania environmental law. It has not been litigated very often, but it may pose risks for practitioners.

Continue reading the full article, published by The Legal Intelligencer April 25, 2024. Reprinted with permission.

*The opinions expressed in this column are those of the author and do not necessarily reflect the views of Greenberg Traurig or its clients.