EHB Upholds Plan Approval, Rejecting Challenge Under Article I, Section 27
February 1, 2018
Thomas M. Duncan
MGKF Litigation Blog
On Monday, the Pennsylvania Environmental Hearing Board (the “Board”) issued an adjudication in Logan v. DEP, EHB Docket No. 2016-091-L (Adjudication issued Jan. 29, 2018), in which the Board dismissed an appeal challenging the Pennsylvania Department of Environmental Protection’s (“DEP”) issuance of an air quality plan approval to Purdue Agribusiness LLC (“Purdue”) for construction of a soybean solvent extraction plant. In upholding the plan approval, the Board rejected the appellants’ argument that DEP’s issuance of the plan approval violated Article I, Section 27 of the Pennsylvania Constitution, known as the Environmental Rights Amendment.
