Enviros Must Show Need To Get Trade Secret Docs: Pa. Court

Law360, Philadelphia (May 15, 2013, 6:16 PM EDT) -- Parties challenging permit decisions before the Pennsylvania Environmental Hearing Board must prove that any trade secrets sought in discovery are absolutely necessary to successfully litigate their case, a state appeals court ruled Wednesday.

In a precedential decision, the Commonwealth Court found that the Clean Air Council would be unable to obtain trade secrets belonging to a MarkWest Energy Partners LP unit without first showing that the information was vital to its appeal challenging air emission permits issued for a facility in Washington County.

“Once a party...
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