GIBRALTAR ROCK v. DEP'T OF ENVTL. PROT.

No. 78 MAP 2021 No. 79 MAP 2021.

286 A.3d 713 (2022)

GIBRALTAR ROCK, INC. v. Pennsylvania DEPARTMENT OF ENVIRONMENTAL PROTECTION Appeal of: New Hanover Township and Paradise Watchdogs/Ban the Quarry and John C. Auman Gibraltar Rock, Inc., Appellee v. Pennsylvania Department of Environmental Protection, Appellant.

Supreme Court of Pennsylvania.

Decided: December 21, 2022.


Attorney(s) appearing for the Case

Scott Everett Coburn, Esq. , Pennsylvania State Association of Township Supervisors, for Amicus Curiae State Association of Township Supervisors.

John C. Dernbach, Esq. , Widener University School of Law, Harrisburg, PA, Kacy Cummings Manahan, Esq. , Delaware Riverkeeper Network, Joseph Otis Minott, Esq. , Clean Air Council, Jessica Rose O'Neill, Esq. , Citizens for Pennsylvania's Future, for Amicus Curiae Citizens for Pennsylvania's Future, et al.

Andrew J. Bellwoar, Esq. , West Chester, PA, Ryan Grace, Esq. , Bellwoar Kelly, LLP, for Appellant New Hanover Township.

Christopher Paul Mullaney, Esq. , Mullaney Law Offices, Red Hill, PA, for Appellants Paradise Watchdogs/Ban the Quarry and John C. Auman.

Angela Sue Bransteitter, Esq. , Craig Stephen Lambeth, Esq. , Pittsburgh, PA, Margaret O'Mara Murphy, Esq. , Harrisburg, PA, Department of Environmental Protection, for Appellee Pennsylvania Department of Environmental Protection.

Jeffrey D. Grossman, Esq. , Karl Stewart Myers, Esq. , William R. Sasso, Esq. , Stradley Ronon Stevens & Young, LLP, Philadelphia, PA, Stephen B. Harris, Esq. , Harris & Harris, P.C., Warrington, PA, for Appellee Gibraltar Rock, Inc.

BAER, C.J., TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ.


OPINION

This matter involves permits issued by the Department of Environmental Protection (the Department) to Gibraltar Rock, Inc., a Pennsylvania corporation seeking to operate a quarry on a 241-acre property in New Hanover Township (the Township). The Environmental Hearing Board (Board) sustained...

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