Description: Proceeding seeking to compel the Pennsylvania Department of Environmental Protection to advance a petition for rulemaking concerning carbon dioxide emissions.
Funk v. Commonwealth of Pennsylvania
Filing Date Type File Action Taken Summary 07/03/2013 Opinion Download Opinion issued. The Pennsylvania Commonwealth Court sustained PADEP’s preliminary objections on the ground that Funk had not exhausted her administrative remedy of appeal to the Environmental Hearing Board (EHB). Although there is an exception to the doctrine of exhaustion of administrative remedies where the constitutionality of a statutory scheme is challenged, the court found that the constitutional issues raised by Funk were not facial challenges to the statute, but challenges of the application of statutes to her case. The court dismissed the petition without prejudice to Funk’s right to raise the issues before the EHB or on appeal from any EHB decision. 12/19/2012 Petition for Review Download Petition for review of final agency action filed. In October 2012, petitioner Ashley Funk submitted a petition for rulemaking to the Pennsylvania Department of Environmental Protection (PADEP) requesting that the Environmental Quality Board (EQB) promulgate regulations requiring reduction of fossil fuel carbon dioxide emissions by 6% annually to achieve an atmospheric concentration of 350 parts per million or less of carbon dioxide by 2100. In November 2012, PADEP notified Funk that the petition failed to meet the requirements for submission to the EQB because (1) EQB was barred by statute from adopting an ambient air quality standard more stringent than the standard adopted by EPA and there was no EPA standard for carbon dioxide; (2) the requested rule was contrary to the Pennsylvania Climate Change Act’s inventory and reporting requirements; and (3) the petition did not identify persons, businesses, and organizations likely to be affected. Funk filed a petition for review in the Pennsylvania Commonwealth Court seeking to compel PADEP to submit the rulemaking petition to the EQB. Funk also filed an appeal with the Environmental Hearing Board (EHB).