My October Environmental Practice Column in the Pennsylvania Law Weekly considers issues presented by the intersection of the bar on pre-enforcement review and reliance on “institutional controls.”  These issues come up in federal Superfund matters under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601-75.  However, the discussion was motivated by a  September 4 ruling by the Pennsylvania Environmental Hearing Board on a motion in limine in Barron v. Department of Environmental Protection, EHB No. 2011-142-L,  a case under the Pennsylvania Hazardous Sites Cleanup Act (“HSCA”), Pa. Stat. Ann. tit. 35, §§ 6020.101 to .1305.  So, for example, if a remedy requires maintenance of intact pavement on a parking lot or a carbon filtration system on drinking water, can the landowner obtain review of that decision prior to enforcement?  Read Institutional Controls and Pre-enforcement Review in Cleanup Cases, 35 Pa. L. Weekly 852 (Oct. 16, 2012), by clicking here.