Shenango Inc. v. Department of Environmental Protection

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reasoning that a party's failure to expressly address a regulation did not result in waiver because the party did argue the underlying legal theory in the lower court without citation to that regulation
• reasoning that a party’s failure to expressly address a regulation did not result in waiver because the party did argue the underlying legal theory in the lower court without citation to that regulation
• legislature’s amendment of a statute to add the phrase “as necessary” imposed a partial constraint on an administrative agency’s discretion
• a party’s failure to expressly address a regulation before the Environmental Hearing Board did not result in waiver where the party did “not assert[] a new argument, but rather offer[ed] authority to support its prior argument”

Source: CourtListener parenthetical corpus (CC0).