Pa. Court Says Landowner Can't Appeal DEP Agreement's End

Law360, Philadelphia (July 18, 2014, 5:09 PM EDT) -- A Pennsylvania court ruled Thursday that the owner of a contaminated tract of Chester County land could not appeal a Department of Environmental Protection letter ending an agreement in which the landowner agreed to take measures to rehabilitate the site in exchange for protection from liability.

The Pennsylvania Environmental Hearing Board said that the letter the DEP sent to Constitution Drive Partners LP — which purchased the site of a former precious metals and steel processing facility in 2005 — was not appealable because the letter itself had no effect on the company.

“The department’s announcement of the termination of the...

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