Environmental Law

Institutional Controls and Pre-Enforcement Review in Cleanup Cases

, The Legal Intelligencer


On September 4, the Environmental Hearing Board decided a motion in limine in Barron v. Department of Environmental Protection, EHB No. 2011-142-L, that highlights issues presented by the intersection of the bar on pre-enforcement review under, in that case, the Hazardous Sites Cleanup Act (HSCA), Pa. Stat. Ann. tit. 35, §§6020.101 to .1305, and reliance on "institutional controls."

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