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SIERRA CLUB v. HARTMAN

529 Pa. 454 (1992)

605 A.2d 309

The SIERRA CLUB, Pennsylvania Chapter, Delaware Valley Citizens Council For Clean Air, Group Against Smog and Pollution, Bicycle Coalition of the Delaware Valley, and Sara Nichols, Appellants, v. John HARTMAN, Executive Director, Legislative and Reference Bureau, John R. McGinley, Jr., Robert B. Harbison, Irvin G. Zimmerman, and Mark D. Schwartz, Commissioners of the Independent Regulatory Review Commission, Appellees.

Supreme Court of Pennsylvania.

Decided March 12, 1992.

Attorney(s) appearing for the Case

Richard Feder, Timothy D. Searchinger, for appellants.

S. David Fineman, Norman S. Berson, Harold K. Cohen, W.C. Matthews, III, for Independent Regulatory Review Com'n.

Linda J. Shorey, John P. Krill, R. Timothy Weston, for Robert Jubelirer, and D. Michael Fisher and the Senate of Pa.

James L. Walsh, Vincent C. DeLiberato, Robert W. Zech, for Gary R. Hoffman, John Hartman and Legislative Reference Bureau.

Richard D. Spiegelman, Carl H. Shuman, for Dept. of Env. Resources.

Before NIX, C.J., and FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION

ZAPPALA, Justice.

Appellants instituted this action by filing a Petition for Review in Commonwealth Court seeking mandamus and equitable and declaratory relief arising out of a purported veto by the Legislature of a proposed air pollution regulation. This veto barred publication of the regulation as final in the Pennsylvania Bulletin. Commonwealth Court dismissed the petition holding that the Appellants lacked standing. 130 Pa.Cmwlth. 100...

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