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CASE INFORMATION
Case Number: 2015111
Appellant #1: CLEAN AIR COUNCIL
Appellant #2: ENVIRONMENTAL INTEGRITY PROJECT

VIEW CASE INFORMATION FOR THIS CASE

CLOSED CASE

# Filing Date Description Documents (?)
1 08-03-2015 Appellants' Notice of Appeal
2 08-04-2015 PREHEARING ORDER NO. 1: Discovery completed by February 1, 2016; joint statement regarding settlement conference September 23, 2015; dispositive motions filed by March 1, 2016.
3 08-11-2015 Department's Notice of Appearance for Marianne Mulroy, Michael J. Heilman and John H. Herman, and Certificate of Service, Southwest Region, Pittsburgh.
4 08-14-2015 NOTICE OF APPEARANCE: On behalf of the [Permittee] Michael L. Krancer, Esquire, Margaret Anne Hill, Esquire and Robert Scott, Esquire, Blank Rome, LLP, Philadelphia.
5 08-19-2015 WITHDRAWAL OF APPEARANCE: On behalf of [Appellant Clean Air Council] Augusta Wilson, Esquire.
6 09-18-2015 NOTICE OF APPEARANCE filed on behalf of Permittee: Thomas M. Duncan, Esquire
7 09-18-2015 Joint Extension Request filed by Permittee on behalf of the parties
8 09-18-2015 ORDER: The Joint Extension Request is granted and all deadlines listed in the Pre-Hearing Order No. 1, issued on August 4, 2015, are extended by 60 days.
9 09-21-2015 Joint Statement on Settlement Discussions filed by Permittee on behalf of the parties
10 10-07-2015 Motion for Admission Pro Hac Vice, Adam Kron and Sparsh Khandeshi
11 10-07-2015 ORDER: In consideration of Appellants' Motion for Admission of Counsel Pro Hac Vice ("Motion"), it is hereby ordered that: 1. The Motion is granted. 2. Attorneys Adam M. Kron and Sparsh Khandeshi are permitted to appear pro hac vice for Clean Air Council and Environmental Integrity Project in this matter.
12 11-17-2015 Second Joint Extension Request filed by Permittee on behalf of the parties
13 11-18-2015 ORDER: It is ordered that the Second Joint Extension Request is granted; all pre-hearing deadlines are extended by an additional 20 days.
14 12-04-2015 Third Joint Extension Request filed by Permittee on behalf of the parties
15 12-07-2015 ORDER: It is ordered...all pre-hearing deadlines are extended by an additional 60 days.
16 02-05-2016 Fourth Joint Extension Request filed by Permittee on behalf of the parties
17 02-08-2016 ORDER: The Fourth Joint Extension Request is granted. All deadlines listed in Pre-Hearing Order No. 1, issued on August 4, 2015...are extended by an additional 60 days.
18 04-18-2016 Fifth Joint Extension Request filed by Appellants on behalf of the parties.
19 04-18-2016 ORDER: The Board grants in part the Fifth Joint Request for Extension of Prehearing Deadlines.
20 05-04-2016 NOTICE OF APPEARANCE: On behalf of the [Appellant-Clean Air Council] Alexander G. Bomstein, Esquire, Clean Air Council, Philadelphia.
21 05-18-2016 Joint Proposed Electronic Discovery Plan
22 05-20-2016 ORDER: It is ordered: ...2) 2) The Joint Proposed Plan for Conducting Electronic Discovery filed on May 18, 2016, and designated as docket entry number 21, is adopted except as set forth below. All Parties shall comply with its provisions. 3)Paragraph 6 (f)(ii) Date—should read as follows: The start date of the electronically stored information to be preserved and provided is July 1, 2011. 4) Paragraph 9. Form of Production. (a) Time for Production—should read as follows: The Parties will respond to requests for production of electronically stored information within thirty (30) days of service of the request for production and will make their best efforts to produce electronically stored information within forty-five (45) days of service.
23 08-04-2016 ORDER: Counsel shall file a joint status report on September 1, 2016.
24 08-15-2016 Permittee Shell Chemical Appalachia LLC's Motion for Protective Order
25 08-24-2016 Appellants Clean Air Council and Environmental Integrity Project's Motion to Compel Full and Complete Discovery Responses to Appellants' First Set of Interrogatories and Requests for Production
26 08-29-2016 SUBSTITUTION OF COUNSEL: On behalf of [Clean Air Council] Ernest Logan Welde, Esquire, Philadelphia, Pa.; and WITHDRAWAL OF APPEARANCE: Benjamin Z. Hartung, Esquire.
27 08-30-2016 Appellants' Answer to Motion for Protective Order
28 09-01-2016 Joint Status Report
29 09-02-2016 ORDER: It is ordered: 1) A ruling on the Permittee's Motion for Protective Order is stayed to provide the parties an opportunity to meet and confer and submit a jointly proposed confidentiality agreement. 2) On Tuesday, September 13, 2016, the parties shall either submit a jointly proposed confidentiality agreement or a statement that they were unable to draft an agreement.
30 09-02-2016 ORDER: It is ordered; 1) it is ordered as follows: 1) Pursuant to the parties' request and 25 Pa. Code Section 1021.105, the Pennsylvania Environmental Hearing Board will hold a conference with counsel to review and discuss the issues in the case, discovery disputes, and the completion of discovery within the parameters of the Board's most recent Order extending the discovery deadlines...2 The conference will be held in the Board's Pittsburgh office on Tuesday, September 20, 2016 at 10:00 AM unless the parties advise the Board that they have resolved all pending discovery disputes.
31 09-07-2016 ORDER: It is ordered: 1) On September 2, 2016, the Board issued an Order scheduling a conference on September 20, 2016 at 10:00 A.M. with counsel in the Board's Pittsburgh Office. 2) If any out of town counsel wish to participate in the conference by telephone, they shall file a motion requesting permission to do so.
32 09-08-2016 Permittee's Opposition to Appellants' Motion to Compel
33 09-13-2016 Status Report re Protective Order of Clean Air Council and Environmental Integrity Project.
34 09-13-2016 Permittee's Status Report on Permittee's Motion for Protective Order
35 09-14-2016 Department's Statement on Permittee's Motion for Protective Order, and Certificate of Service
36 09-22-2016 Proposed Order to Appellants Clean Air Council and Environmental Integrity Project's Motion to Compel Full and Complete Discovery Responses to Appellants' First Set Interrogatories and Requests for Production (Docket No. 25)
37 09-23-2016 PRE-HEARING ORDER NO. 2: A hearing has been scheduled before the Honorable Judge Thomas W. Renwand, beginning at 9:30 a.m. on April 25, 2017 and continuing thereafter until completed at the offices of the EHB, Second Floor, Hearing Room 2014, Piatt Place, 301 Fifth Ave., Pittsburgh. (Adelman Reporters) 1) Appellant's Prehearing Memo filed by March 15, 2017. 3) Department and Permittee's Prehearing Memos filed by March 30, 2017. 4) Motions in limine filed by April 6, 2017...Responses to motions in limine filed by April 13, 2017.
38 09-23-2016 ORDER: 3) Appellants may file a Memorandum of Law by October 5, 2016.
39 09-23-2016 ORDER: 1) All discovery by February 28, 2017. 2) Dispositive motions by January 11, 2017. 3)Responses to dispositive motions by February 13, 2017. 4) Replies to responses to dispositive motions by February 28, 2017.
40 10-05-2016 Appellant Clean Air Council and Environmental Integrity Project's Reply in Support of Motion to Compel Full and Complete Discovery Responses
41 10-26-2016 ORDER: It is ordered...4) Counsel are requested to file a proposed confidentiality agreement by 2:00 PM on Monday, October 31, 2016.
42 11-01-2016 Agreed Protective Order.
43 11-02-2016 The Department's Request for Opportunity to Comment on Proposed Agreed CBI Protective Order and Certificate of Service.
44 11-03-2016 ORDER: It is ordered...the Department shall advise Board of their comments on the proposed protective order on or before November 8, 2016.
45 11-03-2016 NOTICE OF APPEARANCE: On behalf of [Permittee - Shell Chemical Appalachia] Frank A. Dante, Esquire, Blank Rome LLP, Philadelphia, Pa.
46 11-08-2016 Department's Comments on the Proposed Protective Order and Certificate of Service
47 11-14-2016 Clean Air Council and Environmental Integrity Project's Notice of Proposed Terms to the Agreed Protective Order Filed On November 1, 2016
48 12-02-2016 OPINION AND ORDER GRANTING MOTION TO COMPEL AND DENYING MOTION FOR PROTECTIVE ORDER: It is ordered as follows: 1) The Motion to Compel is granted. 2) Shell Chemical shall serve Appellants with full and complete answers and responses to the Interrogatories and Requests for Production which were the subject of the Motion to Compel on or before January 3, 2017. 3) The Motion for Protective Order is denied without prejudice as premature. 4)Shell Chemical is afforded a second opportunity to demonstrate that the information for which it seeks a protective order is in fact confidential pursuant to the six-part test set forth by the Commonwealth Court in MarkWest Liberty Midstream and Resources, LLC v. Clean Air Council, 71 A.3d 337 (Pa. Cmwlth. 2013). It should make such a showing on or before January 3, 2017. 5) All of the parties, including the Department, are afforded another opportunity to fashion a protective order that is more narrowly drafted and which, in the Department's words, will be "clear, comprehensive, and workable" and will also protect the rights of the public. Any proposed order should be submitted to the Board on or before January 3, 2017...7) If the parties are unable to draft a joint proposed order, each party may submit a proposed order on or before January 3, 2017.
49 12-13-2016 ORDER: It is ordered: 1) Counsel are reminded that documents filed must be double spaced except for footnotes and quotations of more than a few lines. 2) Counsel should also severely restrict their use of acronyms and abbreviations. It is permissible to use EHB, DEP, PA, USA, US, EPA, NFL, and NHL. All other acronyms and abbreviations should be avoided.
50 12-19-2016 ORDER: It is ordered that the request for a conference call is denied.
51 12-21-2016 Joint Request for Extension of Dispositive Motion Deadline
52 12-23-2016 ORDER: It is ordered: Dispositive motions filed by March 3, 2017; Responses to dispositive motions filed by April 3, 2017; and replies to responses to dispositive motions filed by April 17, 2017.
53 12-28-2016 Univation Technologies, LLC's Petition to Intervene. (fax)
54 12-29-2016 Univation Technologies, LLC's Petition to Intervene. (scan)
55 12-30-2016 Linde Engineering North America Inc.'s Petition to Intervene.
56 12-30-2016 Linde Engineering North America Inc.'s Petition to Intervene. (scan)
57 12-30-2016 Appellants Clean Air Council and Environmental Integrity Project Opposition to Intervention
58 12-30-2016 NOTICE OF WITHDRAWAL OF COUNSEL: On behalf of [Appellants] Sparsh Khandeshi, Esquire.
59 01-03-2017 Appellants Clean Air Council and Environmental Integrity Project's Proposed Protective Order
60 01-03-2017 Permittee Shell Chemical Appalachia LLC's Motion to Provide Reasonable Time for Third Party Vendors to Assert and Demonstrate Confidentiality of Documents Subject to Non-Disclosure Agreements
61 01-03-2017 Permittee Shell Chemical Appalachia LLC's Renewed Motion for Entry of a Proposed Stipulated Protective Order Regarding Shell's Trade Secrets and Confidential Business Information
62 01-03-2017 Permittee Shell Chemical Appalachia LLC's Renewed Motion for Protective Order Regarding Trade Secrets and Confidential Business Information Relating to Shell's Technology Vendors
63 01-04-2017 Petition to Intervene on behalf of INEOS Sales (UK) Limited. (fax)
64 01-04-2017 Petition to Intervene on behalf of INEOS Sales (UK) Limited. (scan)
65 01-04-2017 Proposed Intervenor [INEOS SALES (UK) Limited's] Motion for an Extension of the Deadline to Demonstrate that Information is Confidential and File a Motion for Protective Order as Entered in the EHB's December 2, 2016 Opinion and Order. (fax)
66 01-04-2017 Proposed Intervenor [INEOS SALES (UK) Limited's] Motion for an Extension of the Deadline to Demonstrate that Information is Confidential and File a Motion for Protective Order as Entered in the EHB's December 2, 2016 Opinion and Order. (scan)
67 01-04-2017 DEPARTMENT OF ENVIRONMENTAL PROTECTION'S RESPONSES TO INEOS SALES (UK) LIMITED'S PETITION TO INTERVENE, UNIVATION TECHNOLOGIES, LLC'S PETITION TO INTERVENE, AND LINDE ENGINEERING NORTH AMERICA, INC. PETITION TO INTERVENE; Verification; Proposed Order; and Certificate of Service.
68 01-04-2017 Appellants Clean Air Council and Environmental Integrity Project's Letter regarding recent filings
69 01-04-2017 Verification for Shell Chemical Appalachia LLC's Motion for Entry of a Proposed Stipulated Protective Order Regarding Shell's Trade Secrets and Confidential Business Information
70 01-05-2017 ORDER: It is ordered: ...2) Although the Board's website has the capability to allow filings to be done "under seal" the instructions clearly set forth the following requirement before Counsel are permitted to file in such a manner which impacts the rights of the public and the press. "By choosing ‘Restrict Public Viewing' the attorney acknowledges that s/he has obtained prior approval and authorization of the Environmental Hearing Board to file a document as such by way of a formal Order of the Board." 3) Counsel for Shell Chemical made various filings under seal on January 3, 2017 without first requesting and obtaining a formal Order of the Board authorizing such filings. 4)From this date forward, Counsel shall not file anything which restricts public viewing without first obtaining an Order of the Board authorizing such filings.
71 01-06-2017 Motion of Intervenor INEOS Sales (UK) Limited for Admission of Counsel Pro Hac Vice of Thomas C. Jackson. (fax)
72 01-06-2017 Motion of Intervenor INEOS Sales (UK) Limited for Admission of Counsel Pro Hac Vice of Thomas C. Jackson. (scan)
73 01-10-2017 Department's Response to Appellants Clean Air Council and Environmental Integrity Project's Proposed Protective Order; and Certificate of Service.
74 01-10-2017 Department's Response to Shell Chemical Appalachia LLC's Motion to Provide Reasonable Time for Third Party Vendors to Assert and Demonstrate Confidentiality of Documents Subject to Non-Disclosure Agreements - and - Proposed Intervenor Ineos Sales (UK) Limited Motion for an Extension of the Deadline to Demonstrate that Information is Confidential; and Certificate of Service.
75 01-10-2017 Permittee Shell Chemical Appalachia LLC's Renewed Motion for Entry of a Proposed Stipulated Protective Order Regarding Shell's Trade Secrets and Confidential Business Information; and Certificate of Service.
76 01-10-2017 Department's Response to Permittee Shell Chemical Appalachia LLC's Renewed Motion for Protective Order Regarding Trade Secrets and Confidential Business Information Relating to Shell's Technology Vendors; and Certificate of Service.
77 01-13-2017 Appellants Clean Air Council and Environmental Integrity Project's Answer to Univation's Petition to Intervene
78 01-13-2017 Appellants Clean Air Council and Environmental Integrity Project's Answer to Linde's Petition to Intervene
79 01-13-2017 Appellants Clean Air Council and Environmental Integrity Project's Answer to INEOS's Petition to Intervene
80 01-19-2017 Appellants Clean Air Council and Environmental Integrity Project's Answer to INEOS's Motion to Extend
81 01-19-2017 Appellants Clean Air Council and Environmental Integrity Project's Answer to Shell's Motion to Extend Time
82 01-19-2017 Appellants' Answer to Shell's Renewed Motion for Entry of a Proposed Stipulated Protective Order Regarding Shell's Trade Secrets and Confidential Business Information
83 01-19-2017 Appellants' Answer to Shell's Renewed Motion for Protective Order Regarding Trade Secrets and Confidential Business Information Relating to Shell's Technology Vendors
84 01-27-2017 ORDER: Following the review of the Petitions to Intervene and the supporting and opposing Responses, it is ordered as follows: 1) The Board would benefit from additional briefing. 2) On or before Wednesday, February 8, 2017, the Parties and Proposed Intervenors may file Memoranda of Law specifically addressing the following issues: A. Why are the Petitioners' interests not adequately represented by Shell Chemical? B. Are there any cases on point where a non party sought to intervene in a case in order to protect alleged confidential business information and trade secrets? If so, please discuss them. C. If the Board allows the Petitioners to file amicus briefs, would that adequately protect their interests?
85 01-27-2017 ORDER: Motion pro hac vice is granted. Attorney Thomas C. Jackson is permitted to appear pro hac vice as counsel for the proposed Intervenor, INEOS Sales (UK) Ltd.
86 02-03-2017 Department of Environmental Protection's Response to the Board's January 27, 2017 Order Regarding Petitions to Intervene; Certificate of Service
87 02-08-2017 Permittee Shell Chemical Appalachia LLC's Memorandum of Law Responding to the Board's Request for Additional Briefing on Specific Issues in Connection with the Petitions to Intervene
88 02-08-2017 Memorandum of Law Supporting Linde Engineering North America Inc.'s Petition to Intervene.
89 02-08-2017 INEOS Sales (UK) Limited's Memorandum of Law in Response to the Board's Order January 27, 2017 Regarding Petition to Intervene. (fax)
90 02-08-2017 John Zink Company, LLC's Petition to Intervene. (fax)
91 02-09-2017 John Zink Company LLC's Memorandum of Law Re: Order of January 27, 2017. (fax)
92 02-09-2017 Memorandum of Law Supporting Linde Engineering North America Inc.'s Petition to Intervene. (scan)
93 02-09-2017 INEOS Sales (UK) Limited's Memorandum of Law in Response to the Board's Order January 27, 2017 Regarding Petition to Intervene. (scan)
94 02-09-2017 John Zink Company, LLC's Petition to Intervene. (scan)
95 02-09-2017 John Zink Company LLC's Memorandum of Law Re: Order of January 27, 2017. (scan)
96 02-09-2017 Univation Technologies, LLC's Memorandum of Law in Response to the Board's Order of January 27, 2017 and in Further Support of its Petition to Intervene (email)
97 02-09-2017 Univation Technologies, LLC's Memorandum of Law in Response to the Board's Order of January 27, 2017 and in Further Support of its Petition to Intervene (scan)
98 02-10-2017 ORDER: It is ordered...1)The Petition to Intervene was faxed to the Board on February 8, 2017 and scanned and docketed on February 9, 2017. See Docket Entries 90 & 94. 2) Any party wishing to file a Response to the Petition to Intervene should do so by Noon on Friday, February 17, 2017. 3) The Board is ordering a shortened response period pursuant to 25 Pa. Code Section 1021.81(d) as there are three other pending Petitions to Intervene raising similar issues and the Board believes the usual 15 day response period is not necessary.
99 02-13-2017 INEOS Sales (UK) Limited's Memorandum of Law in Response to the Board's Order January 27, 2017 Regarding Petition to Intervene. (hard)
100 02-13-2017 John Zink Company, LLC's Petition to Intervene. (hard)
101 02-17-2017 Permittee Shell Chemical Appalachia LLC's Response in Support of John Zink Company, LLC's Petition to Intervene
102 02-17-2017 Department's Response to Petition to Intervene Filed By John Zink Company and Certificate of Service
103 02-17-2017 Appellants Clean Air Council and Environmental Integrity Project's Answer to John Zink's Petition to Intervene
104 02-28-2017 Joint Request for Extension of Case Management Deadlines
105 03-07-2017 ORDER: Following review of the Parties' Joint Request for Extension of Case Management Deadlines, it is ordered as follows: 1. The Parties' joint request is granted. 2. The Parties' request for a scheduling conference is granted.
106 03-10-2017 NOTICE OF WITHDRAWAL OF APPEARANCE: On behalf of [Permittee] Thomas M. Duncan, Esq.
107 03-10-2017 OPINION AND ORDER GRANTING PETITIONS TO INTERVENE: It is ordered that the Petitions to Intervene are granted and that petitioners may intervene for the limited purpose of protecting their confidential information and trade secrets. (Caption amended)
108 03-13-2017 ENTRY OF APPEARANCE: On behalf of [Intervenor - John Zink Co.] Suzanne Ilene Schiller, Esquire and Michael Meloy, Esquire.
109 03-13-2017 Notice of Appearances of Frank R. Emmerich Jr., Esquire and Aya M. Salem, Esquire on behalf of Univation Technologies, LLC
110 04-10-2017 ORDER: The hearing scheduled to begin on April 25, 2017 and continue through May 5, 2017 is cancelled. (Adelman Reporters)
111 09-01-2017 Appellants Clean Air Council and Environmental Integrity Project's Motion to Withdrawal and Proposed Order
112 09-08-2017 Letter to Counsel
113 09-08-2017 ORDER: Upon consideration of the Appellants Clean Air Council and Environmental Integrity Project's Notice of Withdrawal of Appeal, it is ordered that Appellants Clean Air Council and Environmental Integrity Project's motion to withdraw the appeal is granted and the appeal is withdrawn. The docket will be marked closed and discontinued.