Constitution Drive Partners, L.P. v. Dep’t Env’t Prot.

In Constitution Drive Partners, L.P. v. Dep’t Env’t Prot., Constitution Drive petitioned for review from an order and adjudication of the Environmental Hearing Board. The order declared that the 2007 and 2010 amendments to a 2005 prospective purchaser agreement between Constitution Drive and the Department of Environmental Protection were null and void. Specifically, the Board concluded that the Amendments were arbitrary and capricious. The Pennsylvania Commonwealth Court affirmed. The Court ruled that first, circumstances on the site changed during a seven-year delay between the drafting and publishing of the Amendments, which failed to account for these changed circumstances. Second, due to the seven-year delay, the public was deprived of the opportunity to provide meaningful comment on the Amendments. Thus, there was a sufficient basis for the Board to declare the Amendments arbitrary and capricious.

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