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BOWFIN KEYCON v. DEP'T OF ENVTL. PROT.

No. 80 MAP 2022 No. 86 MAP 2022 No. 88 MAP 2022 No. 89 MAP 2022.

291 A.3d 359 (2023)

BOWFIN KEYCON HOLDINGS, LLC; Chief Power Finance II, LLC; Chief Power Transfer Parent, LLC; Keycon Power Holdings, LLC; Genon Holdings, Inc.; Pennsylvania Coal Alliance; United Mine Workers of America; International Brotherhood of Electrical Workers; and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Appellees v. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION and Pennsylvania Environmental Quality Board, Appellants. Bowfin Keycon Holdings, LLC; Chief Power Finance II, LLC; Chief Power Transfer Parent, LLC; Keycon Power Holdings, LLC; Genon Holdings, Inc.; Pennsylvania Coal Alliance; United Mine Workers of America; International Brotherhood of Electrical Workers; and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers v. Pennsylvania Department of Environmental Protection and Pennsylvania Environmental Quality Board Appeal of: Citizens for Pennsylvania's Future, Sierra Club, Clean Air Council, and Environmental Defense Fund, Possible Intervenors. Bowfin Keycon Holdings, LLC; Chief Power Finance II, LLC; Chief Power Transfer Parent, LLC; Keycon Power Holdings, LLC; Genon Holdings, Inc.; Pennsylvania Coal Alliance; United Mine Workers of America; International Brotherhood of Electrical Workers; and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, v. Pennsylvania Department of Environmental Protection and Pennsylvania Environmental Quality Board. Appeal of: Citizens for Pennsylvania's Future, Sierra Club, Clean Air Council, and Environmental Defense Fund, Possible Intervenors. Bowfin Keycon Holdings, LLC; Chief Power Finance II, LLC; Chief Power Transfer Parent, LLC; Keycon Power Holdings, LLC; Genon Holdings, Inc.; Pennsylvania Coal Alliance; United Mine Workers of America; International Brotherhood of Electrical Workers; and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Appellants, v. Pennsylvania Department of Environmental Protection and Pennsylvania Environmental Quality Board, Appellees.

Supreme Court of Pennsylvania.

Decided: March 24, 2023.

ORDER

AND NOW, this 24th day of March, 2023, in the appeals docketed at 80 MAP 2022 and 88 MAP 2022, the requests to dismiss these appeals as moot are GRANTED due to Appellees' failure to submit the bond required to secure the preliminary injunction...

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