Join me in helping to reduce lawfare, and improve balance, in our permitting process.  We have seen too many major projects cancelled following years of lawsuits designed to freeze projects, expire permits, and force developers to re-start the application process.  My legislation will enable “Tolling” of an approved permit in the event of a lawsuit and ensure permitted work can continue during the dispute.
 
One of the major challenges with environmental permitting in Pennsylvania is not actually securing the permit itself.  A company can go through all the right steps, secure a permit through the Department of Environmental Protection, and still find their project frozen when an approved permit is appealed to the Environmental Hearing Board (EHB).
 
If a company is properly issued a permit, but an environmental organization decides to appeal that permit, currently the EHB has the ability to block any further development or progress of the project under that permit through a supersedeas if they find that cause is shown to do so.  A decision blocking progress under a permit would, in many cases, be a decision killing a project completely.  This is out of balance.
 
My legislation would eliminate the EHB’s ability to take such an extreme action, while still maintaining their authority to consider a challenge to a permit.  Our business community that is putting up hard earned capital and providing jobs throughout our state deserves the chance to move forward with a project when their required permits have been appropriately issued by our Department of Environmental Protection.
 
Please join me in sponsoring this important legislation to protect our business community from unfair harassment.