ARTICLE III. PRACTICE AND PROCEDURES
21. [Reserved] 21.1  (View pdf)
23. ENVIRONMENTAL QUALITY BOARD POLICY FOR PROCESSING PETITIONSSTATEMENT OF POLICY 23.1  (View pdf)
24. MODEL PROCEDURE FOR MEANINGFUL PUBLIC PARTICIPATIONSTATEMENT OF POLICY 24.1
(Editors Note: For the text of the rules of practice and procedures before the Environmental Hearing Board, see Chapter 1021 (relating to practice and procedures).)
Notes of Decisions
Exhaustion Requirement Inapplicable
For a regulatory taking action to be ripe, the final decision maker must have acted, not the entity with the final review powers. In this case, the requirement of exhaustion of administrative appeals was inapplicable because the appellants are in no way challenging the action of an administrative agency without allowing the administrative process the chance to correct the decision; instead, they are relying on the agencys determination that there were no special circumstances entitling them to a variance. Gardner v. Department of Environmental Resources, 658 A.2d 440 (Pa. Cmwlth. 1995).
The appellants challenge to restrictions which the Environmental Quality Board promulgated under Federal law was a challenge to a state regulation and, therefore, the Environmental Hearing Board had jurisdiction. Croner, Inc. v. Department of Environmental Resources, 589 A.2d 1183 (Pa. Cmwlth. 1991).
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