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CASE INFORMATION
Case Number: 2014142
Appellant #1: THE DELAWARE RIVERKEEPER NETWORK
Appellant #2: CLEAN AIR COUNCIL
Appellant #3: DAVID DENK
Appellant #4: JENNIFER CHOMICKI
Appellant #5: ANTHONY LAPINA
Appellant #6: JOANN GROMAN

VIEW CASE INFORMATION FOR THIS CASE

ACTIVE CASE

CONSOLIDATION NOTICE -- This case has been consolidated into case 2014142 Click on the case number to view the docket sheet from that case.

# Filing Date Description Documents (?)
1 10-13-2014 Appeal of the Departments September 12, 2014 issuance of six (6) Well Permits for the Geyer Unit 1H-6H located in Middlesex Townhip, Butler County.
2 10-14-2014 PREHEARING ORDER NO. 1: Discovery completed by April 13, 2015; dispositive motions filed by May 12, 2015.
3 10-14-2014 SUPPLEMENT TO PREHEARING ORDER NO. 1: ELECTRONIC DISCOVERY.
4 10-14-2014 ORDER: The Environmental Hearing Board has adopted mandatory electronic filing rules. 44 Pa. Bulletin 5328.
5 10-15-2014 NOTICE OF APPEARANCE: On behalf of the [Department] Michael A. Braymer and Hope C. Campbell, Office of Chief Counsel, Northwest Region, Meadville.
6 10-16-2014 NOTICE OF APPEARANCE: On behalf of the [Permittee] Kevin Colosimo, Esquire and Kevin L. Barley, Esquire, with Burleson LLP, Canonsburg, Pa.
7 11-03-2014 First Amended Notice of Appeal
8 11-26-2014 The Department is e-filing only this joint certification that the parties have conferred regarding the settlement of this appeal.
9 12-05-2014 Joint Report of Parties Regarding Electronic Discovery
10 12-05-2014 ORDER: The report filed on December 5, 2014, by the parties concerning the discovery of electronically stored information is adopted for the above-captioned matter.
11 02-24-2015 Motion to Compel Discovery Responses from the Department
12 02-25-2015 ORDER: The Department shall file its response to the Appellants' Motion to Compel Discovery Responses on or before March 4, 2015.
13 03-04-2015 Department's Response to Appellants Motion to Compel and Certificate of Service in this matter.
14 03-05-2015 ORDER: The Department shall complete its response to Appellants' request for the production of documents served upon the Department on October 24, 2014 by March 23, 2015.
15 04-10-2015 The Dept. is e-filing all Parties jointly request for an extention of time for the discovery period and the dispositive motion deadline.
16 04-13-2015 ORDER: All discovery shall be completed by June 12, 2015; dispositive motions, if any, shall be complete filed on or before July 17, 2015.
17 04-23-2015 Motion to Compel Discovery Responses From The Permittee
18 05-08-2015 Permittee R.E. Gas Development, LLC's Response to Appellants' Motion to Compel
19 05-12-2015 ORDER: It is ordered...Discovery responses from the Permittee are required regarding any matter, not privileged, that refers or relates to the Permits and Site (as those two terms are defined in the Appellants' Request for Production of Documents), including, but not limited to...
20 06-12-2015 Letter to Judge Beckman regarding discovery extension
21 06-15-2015 Permittee R.E. Gas Development, LLC's Response to Appellants' Letter Regarding Discovery Extension
22 06-15-2015 ORDER: A telephone conference call is scheduled in this matter for Thursday, June 18, 2015 at 9:00 a.m.
23 06-16-2015 NOTICE OF APPEARANCE: On behalf of [Appellant-Clean Air Council] Aaron Jacobs-Smith, Esquire and Alexander G. Bomstein, Esquire, Clean Air Council, Philadelphia.
24 06-17-2015 Appellants' Response to Permittee R.E. Gas Development, LLC's letter of June 15, 2015 Regarding Discovery Extension
25 06-18-2015 NOTICE OF APPEARANCE: On behalf of the [Department] Katherine Knickelbein, Office of Chief Counsel, Northwest Region, Meadville.
26 06-18-2015 ORDER: It is ordered...1. All discovery shall be completed by September 30, 2015; 2. The parties shall make their best efforts to complete document production and interrogatory responses by July 31, 2015 and will promptly schedule depositions to take place in August and September 2015; and 3. The parties shall file joint status reports regarding discovery on or before July 17, 2015, August 21, 2015 and September 18, 2015.
27 07-10-2015 Motion For Sanctions Against The Permittee For Failure To Fully Comply With The Board's May 12, 2015 Order
28 07-13-2015 ORDER: It is ordered that any responses to the Motion for Sanctions Against the Permittee shall be filed on or before Friday, July 17, 2015.
29 07-17-2015 Joint Status Report on Discovery in Accordance with the Board's June 18, 2015 Order
30 07-17-2015 Permittee R.E. Gas Development, LLC's Response to Appellants' Motion for Sanctions
31 07-21-2015 ORDER: It is ordered that the Appellants' Motion for Sanctions is denied.
32 07-23-2015 ORDER: A telephone conference call is scheduled in this matter for Thursday, July 30, 2015 at 10:15 a.m.
33 08-20-2015 Letter Regarding Extension for Discovery Status Report and Proposed Expert Disclosure
34 08-21-2015 ORDER: The discovery status report and proposed expert disclosure schedule shall be filed on or before August 25, 2015.
35 08-25-2015 Joint Status Report and Proposed Expert Disclosure Schedule
36 08-27-2015 ORDER: It is ordered...1. The parties shall continue to comply with the Order of June 18, 2015; and 2. The parties shall comply with the following schedule regarding expert disclosure: a. Appellants shall disclose their testifying experts and provide a summary of the opinions to be offered by each on or before October 30, 2015; b. Appellants shall produce all expert reports on or before November 16, 2015; c. The Department and R.E. Gas Development, LLC shall disclose their testifying experts and provide a summary of the opinions to be offered by each on or before December 16, 2015; d. The Department and R.E. Gas Development, LLC shall produce all expert reports on or before January 18, 2016; and e. Appellants shall produce any rebuttal expert reports on or before February 17, 2016.
37 08-28-2015 NOTICE OF APPEARANCE: On behalf of [Appellant-Clean Air Council] August C. Wilson, Esquire, Philadelphia, Pa.
38 09-18-2015 The Dept. is filing the Parties Joint Status Report.
39 09-30-2015 On behalf of all parties in this case, the Department is efiling only a Joint Extension Request, and proposed Order in this matter.
40 09-30-2015 ORDER: It is ordered...1) Discovery completed by October 30, 2015; 2) Parties shall comply with the following schedule regarding expert disclosure: a) Appellants shall disclose their testifying experts and provide a summary of the opinions to be offered by each on or before November 30, 2015; b) Appellants shall produce all expert reports on or before December 16, 2015; c) Department and R.E. Gas Development, LLC shall disclose their testifying experts and provide a summary of the opinions to be offered by each on or before January 15, 2016; d) Department and R.E. Gas shall produce all expert reports on or before February 18, 2016; and e) Appellants shall produce any rebuttal expert reports on or before March 18, 2016.
41 10-16-2015 Permittee R.E. Gas Development, LLC's request for status conference call regarding discovery matters
42 10-20-2015 ORDER: It is ordered...1. A conference call is scheduled in this matter for Friday, October 23, 2015 at 10:30 a.m. 2. Any parties wishing to file a response to the Permittee's October 16, 2015 Filing may do so on or before Thursday, October 22, 2015.
43 10-20-2015 The Department is E-filing the Withdrawal of Appearance of Hope C. Campbell in this matter.
44 10-22-2015 Appellants' Response to Permittee R.E. Gas Development, LLC's request for status conference call regarding discovery matters dated October 16, 2015
45 10-23-2015 CONSOLIDATION ORDER: It is ordered that EHB Docket No. 2014-142-B and EHB Docket No. 2015-157-B are hereby consolidated at EHB Docket No. 2014-142-B
46 10-23-2015 ORDER: It is ordered...1. Rex shall produce the items requested in DRN's September 11, 2015 correspondence under Paragraph 5...2. Rex shall produce the items requested in DRN's September 11, 2015 correspondence under Paragraph 6...3. Rex shall not be required to produce any of the documents requested in DRN's September 11, 2015 correspondence under Paragraph 7...
47 11-04-2015 Certificate Prerequisite to Service of a Subpoena
48 11-25-2015 Request for Extension of Expert Disclosure and Expert Reports Deadlines with proposed order
49 11-25-2015 ORDER: It is ordered that the parties joint request is granted. 1) The parties shall comply with the following schedule...2) No further extensions will be granted.
50 12-14-2015 Petition for Supersedeas
51 12-14-2015 Application for Temporary Supersedeas
52 12-14-2015 ORDER: Conference call is scheduled for December 15, 2015 at 3:30 pm to discuss the petition for supersedeas.
53 12-16-2015 ORDER: It is ordered: 1) Application for temporary supersedeas is denied. 2) Hearing scheduled on petition for supersedas beginning at 9:30 am, January 6, 2016 thru January 8, 2016 at the Erie offfice location. (Adelman Reporters)
54 12-29-2015 The Department is E-filing only its Response to Appellants' Petition For Supersedeas and Certificate of Service in this matter.
55 12-29-2015 R.E. Gas Development, LLC's Response to Petition for Supersedeas
56 01-04-2016 R.E. Gas Development, LLC's Supplemental Response to Petition for Supersedeas
57 01-04-2016 Supplemental Expert Material from Appellants
58 01-06-2016 Substitution of Appearance for R.E. Gas Development, LLC
59 01-06-2016 Stipulation of Appellants and the Department for Purposes of Hearing on Supersedeas Petition
60 01-08-2016 ORDER: Parties may file legal briefs by January 22, 2016.
61 01-08-2016 Stipulation of Parties for Purposes of Hearing on Supersedeas Petition
62 01-15-2016 Appellants' Testifying Experts Disclosure
63 01-21-2016 Transcripts received: Original and condensed versions for hearing held on January 6, 2016 in Erie. (Adelman Reporters)
64 01-22-2016 Transcripts received: Original and condensed versions for hearing held on January 7, 2016 in Erie. (Adelman Reporters)
65 01-22-2016 The Dept. is e-filing its Post Supersedeas Hearing Brief and a Certificate of Service.
66 01-22-2016 R.E. Gas Development, LLC's Post-Hearing Memorandum in Opposition to Petition for Supersedeas
67 01-22-2016 Appellants' Post-Hearing Brief in Support of Their Petition for Supersedeas
68 01-29-2016 ORDER: It is ordered...1) Appellants' Petition for Supersedeas is denied; 2) An opinion in support of this order shall follow.
69 02-04-2016 OPINION IN SUPPORT OF ORDER DENYING PETITION FOR SUPERSEDEAS.
70 02-26-2016 Permitee R.E. Gas Development, LLC's Motion in Limine to Strike Expert Report and Preclude Expert Testimony of Mr. Daniel Fisher
71 03-01-2016 ORDER: Parties are to participate in a telephone conference call scheduled for March 1, 2016 at 10:00 a.m.
72 03-03-2016 The Dept. is e-filing a joint request for extension of certain expert deadlines. A proposed order containing the agreed upon revised expert schedule is attached.
73 03-04-2016 ORDER - GRANTING EXTENSIONS OF CERTAIN EXPERT DEADLINES.
74 03-04-2016 Permittee R.E. Gas Development, LLC's Disclosure of Testifying Experts
75 03-14-2016 The Dept. is e-filing letter response to Permittee Motion in Limine along with a Certificate of Service.
76 03-14-2016 Appellants' response to Permittee's Motion in Limine
77 03-22-2016 OPINION AND ORDER ON PERMITTEE'S MOTION IN LIMINE TO STRIKE THE EXPERT REPORT AND PRECLUDE THE EXPERT TESTIMONY OF MR. DANIEL FISHER: It is ordered that the motion is denied.
78 04-01-2016 Department's Disclosure of Testifying Expert Wintesses
79 07-12-2016 Appellants' Request for Extension to Serve Rebuttal Reports
80 07-13-2016 ORDER: Appellants shall file their rebuttal expert reports on or before Monday, July 18, 2016.
81 07-19-2016 ORDER: Telephone conference call is scheduled in the above-referenced matter for Thursday, July 21 at 1:00 p.m.
82 07-25-2016 PRE-HEARING ORDER NO. 2: Hearing scheduled for Tuesday, December 13, 2016 at 9:30 a.m. and continuing through December 16, 2016 at EHB Erie offices. (Adelman Reporters) 1) Appellant's pre-hearing memo due by October 4, 2016; 2) Department and Permittee's pre-hearing memos due by November 4, 2016. 3) Motions in Limine filed by November 18, 2016. Responses to Motions in Limine by November 29, 2016. ...8) Pre-hearing telephone conference scheduled for Tuesday, December 6, 2016 at 10:00 a.m.
83 09-08-2016 Appellants' Motion to Compel Additional Water Contamination Information from the Permittee
84 09-23-2016 Permittee R.E. Gas Development, LLC's Response in Opposition to Appellants' Motion to Compel Additional Water Contamination Information
85 09-23-2016 Memorandum in Support of Permittee R.E. Gas Development, LLC's Response to Appellants' Motion to Compel Additional Water Contamination Information
86 09-26-2016 ORDER: Telephone conference call is scheduled for Wednesday, September 28 at 11:00 a.m.
87 09-28-2016 ORDER: Following a review of Appellants' Motion to Compel, it is ordered that the Department shall review its records and produce any documentation not previously provided relating to any water supply and/or water contamination complaints associated with the 80 unconventional wells along the Blairsville-Broadtop CSD that are depicted in Department's Ex. 1 from the supersedeas hearing and discussed by Mr. Lobins at page 518 of the supersedeas hearing transcript. Appellants' Motion is denied in all other respects.
88 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
89 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
90 10-04-2016 Exhibits to Appeallants' Pre-Hearing Memorandum
91 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
92 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
93 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
94 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
95 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
96 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
97 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
98 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
99 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
100 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
101 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
102 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
103 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
104 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
105 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
106 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
107 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
108 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
109 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
110 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
111 10-04-2016 Exhibits to Appellants' Pre-Hearing Memorandum
112 10-04-2016 Appellants' Prehearing Memorandum
113 10-11-2016 ORDER: It is ordered that additional hearing dates of January 10-13, 2017 have been added to the hearing schedule in this matter.
114 11-04-2016 The Dept. is e-filing Pre-Hearing Memorandum, Exhibits and Certificate of Service. Exhibits are Attached.
115 11-04-2016 Pre-Hearing Memorandum of Permittee R.E. Gas Development, LLC
116 11-04-2016 Additional Exhibits to Permittee R.E. Gas Development, LLC's Pre-Hearing Memorandum Set 5
117 11-18-2016 Motion in Limine re Testimony of Evans.
118 11-18-2016 Motion in Limine re Testimony of McKee.
119 11-23-2016 Motion for Protective Order Regarding Confidential Information and Documents
120 11-28-2016 ORDER: Following receipt of the Permittee's and Appellants' Motion for Protective Order ("Motion"), any party wishing to respond to the Motion shall file its response on or before December 2, 2016.
121 11-29-2016 The Dept. is e-filing Response to Appellants Motion in Limine to Exclude Expert Testimony of Craig A. Evans and Memorandum of Law in Support of its Response, and Certificate of Service.
122 11-29-2016 The Dept. is e-filing Response to Appellants Motion in Limine to Exclude Expert Testimony of Bryce J. McKee and Memorandum of Law in Support of its Response, and a Certificate of Service.
123 11-30-2016 ORDER: It is ordered...the Appellants' Motion in Limine to Exclude Expert Testimony of Craig A. Evans, P.E. is denied.
124 11-30-2016 ORDER: It is ordered...the Appellants' Motion Limine to Preclude Portions of Expert Testimony of Bryce J. McKee, P.G. is denied.
125 12-01-2016 Motion for Routh Pro Hac Vice Admission.
126 12-02-2016 The Dept. is e-filing Response to Motion for Protective Order regarding Confidential information and documents of permittee R.E. Gas Dev. LLC. A certificate of service is attached.
127 12-02-2016 The Dept. is e-filing letter stating the Dept. does not object to Appellants' motion for admission of Attorney Routh pro hac vice.
128 12-05-2016 Permittee R.E. Gas Development's letter confirming no objection to Appellants' pro hoc vice motion.
129 12-05-2016 ORDER: Motion is granted for Attorney Robert M. Routh to appear pro hac vice for Clean Air Council in this matter.
130 12-06-2016 ORDER: It is ordered that the Motion is denied. Any remaining issues pertaining to the protection of confidential information and documents shall be raised and addressed at the start of or during the hearing in this matter scheduled to begin on December 13, 2016.
131 12-09-2016 Supplemental to Appellants' Pre-Hearing Memorandum
132 12-09-2016 Stipulations Concerning Standings
133 12-09-2016 Supplemental Pre-Hearing Memorandum of Permittee R.E. Gas Development, LLC
134 12-12-2016 Parties' Stipulations Regarding Video and Still Image Evidence
135 12-13-2016 The Dept. is e-filing the Parties' Joint Stipulation regarding Facts and Exhibits.
136 12-23-2016 ORDER: It is ordered...the additional hearing dates scheduled for January 10-13, 2017, are canceled.
137 01-19-2017 ORDER: It is ordered...1. The Appellants shall file their post-hearing briefs on or before February 24, 2017; 2. The Department and Permittee shall file their post-hearing briefs on or before March 24, 2017. 3. The Appellants' reply briefs may be filed on or before April 10, 2017.
138 02-06-2017 Transcripts received: Original and condensed of hearings held on December 13, 14, 15, 16, 19, and 20, 2016 in Erie. (Adelman Reporters)
139 02-16-2017 Appellants' request for extension of deadlines for post-hearing submittals
140 02-16-2017 ORDER: It is ordered: 1) Appellants shall file their post-hearing briefs on or before March 27, 2017. 2) Department and Permittee shall file their post-hearing briefs on or before April 24, 2017. 3) Appellants' reply briefs may be filed on or before May 9, 2017.
141 03-27-2017 Appellants' Post-Hearing Brief
142 04-04-2017 The Dept. is e-filing a joint request to extend the deadline for post-hearing briefs and appellants' reply briefs.
143 04-07-2017 ORDER: It is ordered...1. The Department and Permittee shall file their post-hearing briefs on or before May 24, 2017; 2. The Appellants' reply briefs may be filed on or before June 8, 2017.
144 04-11-2017 Notice of Change of Address [on behalf of Permittee] for Kevin Barley, Esquire and Kevin Colosimo, Esquire.
145 05-17-2017 Permittee's Request to Extend the Deadline for Post-Hearing Briefs and Appellants' Reply Briefs
146 05-19-2017 ORDER: It is ordered...1. The Department and Permittee shall file their post-hearing briefs on or before June 5, 2017; 2. The Appellants' reply brief may be filed on or before June 20, 2017.
147 06-05-2017 The Dept. is filing it's Post-Hearing Brief along with a Certificate of Service.
148 06-05-2017 Permittee R.E. Gas Development, LLC's Post-Hearing Memorandum
149 06-20-2017 Appellants' Post-Hearing Reply Brief
150 06-20-2017 ORDER: A telephone conference is scheduled in this matter for Wednesday, June 21, 2017 at 1:00 p.m.
151 06-21-2017 ORDER: It is ordered: 1) Appellants shall file a supplemental post-hearing brief on or before July 21, 2017. 2) Department and Permittee shall file a response on or before August 7, 2017. 3) Appellants may file a reply on or before August 21, 2017.
152 07-21-2017 Appellants' Supplemental Post-Hearing Brief Regarding Article I, Section 27 of The Pennsylvania Constitution
153 08-07-2017 The Dept. is e-filing its Supplemental Post Hearing Brief.
154 08-07-2017 Permittee R.E. Gas Development, LLC's Supplemental Post-Hearing Memorandum
155 08-21-2017 Appellants' Supplemental Post-Hearing Reply Brief Regarding Article I, Section 27 of the Pennsylvania Constitution