In February, the Pennsylvania Supreme Court decided that the Environmental Hearing Board could award attorneys’ fees and litigation costs to a prevailing third-party appellant under the Clean Streams Law. Clean Air Council v. Dept. of Envtl. Prot’n, No. 73 MAP 2021 (Pa. Feb. 22, 2023). Importantly, the award in that case was against the private applicant whose permits the third-party had challenged, not against the Department of Environmental Protection alone.

Click here to read the full article. Published by The Legal Intelligencer April 27. Reprinted with permission.