Citizens can now request a supersedeas-- or temporary or emergency injunction-- to stop a permit holder from beginning construction on a project or suspend a compliance order when an appellant can prove three things-- irreparable harm would occur if construction would continue or if an order was enforced; a likelihood of success in the appeal; and there is no harm to the Commonwealth if the permit or order is suspended.
The Board may require an appellant to post a bond or other security while the suspension is in effect.
Obtaining a supersedeas is difficult and few are issued by the Board because it requires a level of documentation that few appellants can achieve.
The right to ask for a temporary injunction or supersedeas is a routine procedure courts employ to conduct their business for obvious reasons-- no one wants irreparable harm to occur while an appeal is being heard.
Rep. Nelson introduced his legislation saying-- “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
“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.
“Join me in helping to reduce lawfare, and improve balance, in our permitting process.”
The actual language of the bill was not available so it is not known whether this concept applies only to permits, or includes compliance orders or other appealable decisions made by DEP.
Click Here for a copy of the bill announcement.
Rep. Nelson has consistently voted against legislation that passed the House to authorize the PUC to regulate data center connections to the grid and prevent existing ratepayers from paying for needed grid improvements, against repealing the state sales tax exemption for data centers, against encouraging warehouse solar energy, geothermal energy and virtual power plants and other bills. Read more here.
Rep. Eric Nelson (R-Westmoreland) can be contacted by calling 717-260-6146 or 724-834-6400, by email to: enelson@pahousegop.com or by electronic message.
Part Of A Package
This bill is part of a package House Republicans unveiled on July 1 designed to address energy issues. Read more here.
The package includes proposals to eliminate the Alternative Energy Portfolio Standards that diversifies energy generation to lower costs, takes away other citizen rights to appeal permits, eliminates the rights of citizens to petition their government for changes in environmental regulations and rolls back state environmental standards to meet federal standards.
Resource Link:
-- PA House Republicans Unveil Energy Package To Eliminate Alternative Energy Portfolio Standards; Take Away Citizen Appeal Rights; Eliminate Right Of Citizens To Petition For Rule Changes; Limit Environmental Standards To Federal Standards [PaEN]
Related Articles This Week:
-- PA Environmental Council In Case You Missed It In June Now Available - A.I. Data Center Guardrails [PaEN]
-- Delaware RiverKeeper Alert: Amendment In Congress Would Strip Delaware River Basin Commission Of Its Authority To Enforce The Ban On Oil & Gas Fracking In Delaware Watershed [PaEN]
-- State Dept. Of Health Environmental Health Indicators Map Is Now Available To Show Potential Health Risks Near You, Including Oil & Gas Facilities & How To File A Report On A Health Concern [PaEN]
-- Guest Essay: Weighing The Pros And Cons Of KeyState Energy’s Natural Gas-Based Fertilizer Plant In Karthaus Twp., Clearfield County - By Ben Hoffman, Farmer, Karthaus Township [PaEN]
NewsClips:
-- Reuters: A.I. Data Centers Driving Up Power Bills At America’s Rust Belt Factories [PA Included]
-- Penn State Extension: How A.I. Data Centers Are Driving Up Residential Electricity Bills
-- Ohio River Valley Institute: Shell Petrochemical Plant Promised On Economic Renaissance, Beaver County Is Still Falling Behind
[Posted: July 9, 2026] PA Environment Digest
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