EQT PROD. v. DEPT. OF ENVTL. PROTECTION

No. 15 MAP 2015

130 A.3d 752 (2015)

EQT PRODUCTION COMPANY, Appellant, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION of the Commonwealth of Pennsylvania, Appellee.

Supreme Court of Pennsylvania.

Decided December 29, 2015.


Attorney(s) appearing for the Case

Robert C. Heim, Esq. , Philadelphia, Dechert LLP, for Chamber of Commerce of the United States of America, Amicus Curiae.

Robert L. Byer, Esq. , Duane Morris LLP, Leonard Fornella, Esq. , Kevin J. Garber, Esq. , Pittsburgh, Babst, Calland, Clements & Zomnir, P.C., for EQT Production Company.

Geoffrey James Ayers, Esq. , Pennsylvania Department of Environmental Protection, for Department of Environmental Protection of the Commonwealth of Pennsylvania.

BEFORE: SAYLOR, C.J., EAKIN, BAER, TODD, STEVENS, JJ.


OPINION

In this direct appeal, we consider whether a company threatened by an administrative agency with ongoing, multi-million-dollar penalties per such agency's interpretation of a statutory regime has the right, immediately, to seek a judicial declaration that the agency's interpretation is erroneous.

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