Shrom,T. v. PA Underground Storage Tank, Pet ( 2022 )

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
DR. TIMOTHY AND DEBRA SHROM, : No. 500 MAL 2021
:
Respondents :
: Petition for Allowance of Appeal
: from the Order of the
v. : Commonwealth Court
:
:
PENNSYLVANIA UNDERGROUND :
STORAGE TANK INDEMNIFICATION :
BOARD, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 16th day of February, 2022, the Petition for Allowance of Appeal
is GRANTED. The issues, as stated by Petitioner, are:
a. In a matter of first impression before this Court and of substantial public
importance, did the Commonwealth Court err in reversing the decision of
the Underground Storage Tank Indemnification Board which correctly held
that Respondents, Dr. Timothy and Debra Shrom failed to satisfy their
heavy burden of establishing eligibility for the payment of remediation costs
by the Underground Storage Tank Indemnification Fund where it is
undisputed that the underground storage tanks on the Respondents’
property were not registered and the required registration fee was not paid
at the time the release as discovered?
b. Did the Commonwealth Court’s Order conflict with other relevant appellate
court authority, particularly Luther P. Miller v. Underground Storage Tank
Indemnification Bd., 965 A.2d 398 (Pa. Commw. Ct. 2009), which is
substantially factually identical to the instant case, and with other existing
case, statutory, and regulatory law, in its characterization of the Board’s
denial of the Shroms’ claim for remediation costs due to the failure to
register the USTs as an unpromulgated, de facto regulation?
c. In a matter of substantial public importance due to its potential to result in
the Fund’s insolvency, did the Commonwealth Court err in rejecting the
Board’s finding that the Fund relies upon Pennsylvania Department of
Environmental Protection registrations in billing the necessary fees to keep
the Fund solvent?
[500 MAL 2021] - 2