“How“
In June 2015, Commonwealth Court continued a recent line of preemption cases, in Gibraltar Rock Inc. v. New Hanover Township, 1907 C.D. 2014, 2015 WL 3533839 (Pa. Commw. Ct. June 5, 2015). In Gibraltar Rock, Commonwealth Court considered whether New Hanover Township’s Stormwater Management Ordinance was preempted by the Noncoal Surface Mining Conservation and Reclamation Act (“Noncoal Act”). Gibraltar sought to develop property for a quarry and associated facilities, and received a Noncoal Surface Mining Permit from the Pennsylvania Department of Environmental Protection (“DEP”) authorizing it to operate the quarry. When Gibraltar sought to begin quarrying operations, New Hanover Township sought to enjoin Gibraltar from quarrying, asserting that Gibraltar did not have the requisite approvals from the township—specifically land development approval, including compliance with the township’s stormwater management ordinance.
