Gibraltar Rock, Inc. (Gibraltar) petitioned for review of an order of the Pennsylvania Environmental Hearing Board that rescinded permits issued by the Department of Environmental Protection for the operation of Gibraltar’s rock quarry. The Board found that the rock quarry’s proximity to another property designated as hazardous under the Hazardous Sites Cleanup Act made it unlikely that the quarry could be operated without drawing the contaminants towards Gibraltar’s property. The Pennsylvania Commonwealth Court reversed, holding the Board erred and abused its discretion in rescinding the permits. The Court found that the Board’s order did not conform to the terms of the applicable statute and arbitrarily tied Gibraltar’s lawful use of its land to the actions of a third party, i.e., DEP. Thus, the Board effected a de facto taking without due process.
