Pa. Court Vacates Shared Emissions Permit Over ‘Control’

Law360, New York (June 2, 2017, 2:05 PM EDT) -- The Commonwealth Court of Pennsylvania on Friday vacated a decision by a state board that found two natural gas facilities owned by separate subsidiaries of the same corporate entity must have an aggregated permit for emissions, deciding that the board wrongly interpreted the control exerted by the mutual corporate parent.

Judge Renee Cohn Jubelirer wrote for a unanimous three-judge panel that both the Pennsylvania Department of Environmental Protection and Environmental Hearing Board misinterpreted the control question of a three-pronged test when they considered whether the facilities' emissions may be aggregated for a permit.

There are two facilities at issue: Well Pad...

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