CLEAN AIR COUNCIL v. ENVIRON. PROTECTION

No. 309 C.D. 2019 No. 313 C.D. 2019.

245 A.3d 1207 (2021)

CLEAN AIR COUNCIL, The Delaware Riverkeeper Network, and Mountain Watershed Association, Inc., Petitioners, v. Commonwealth of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. Department of Environmental Protection, Petitioner v. Clean Air Council, The Delaware Riverkeeper Network, Mountain Watershed Association, Inc. and Sunoco Pipeline, L.P., Respondents.

Commonwealth Court of Pennsylvania.

Decided February 16, 2021.


Attorney(s) appearing for the Case

Alexander G. Bomstein , Philadelphia, for Designated Petitioners Clean Air Council, The Delaware Riverkeeper Network, and Mountain Watershed Association, Inc.

Nels J. Taber , Senior Litigation Counsel, Harrisburg, for Designated Petitioner Commonwealth of Pennsylvania, Department of Environmental Protection.

Robert D. Fox , Bala Cynwyd, for Respondent Sunoco Pipeline L.P.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE ELLEN CEISLER, Judge.


In these consolidated appeals, the Clean Air Council, The Delaware Riverkeeper Network, and Mountain Watershed Association, Inc. (collectively, Objectors), and the Department of Environmental Protection (DEP), petition for review of the orders of the Environmental Hearing Board (EHB) denying the fee applications of Objectors...

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