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CASE INFORMATION
Case Number: 2016155
Appellant #1: CENTER FOR COALFIELD JUSTICE
Appellant #2: SIERRA CLUB

VIEW CASE INFORMATION FOR THIS CASE

CLOSED CASE

# Filing Date Description Documents (?)
1 12-19-2016 Center for Coalfield Justice and Sierra Club's Notice of Appeal of Permit Revision No. 204 to CMAP No. 30841316
2 12-21-2016 NOTICE OF APPEARANCE: On behalf of the [Department] Barbara J. Grabowski, Forrest M. Smith and Michael J. Heilman, Southwest Region, Pittsburgh, Pa.
3 12-21-2016 Appellants' Petition For Supersedeas
4 12-21-2016 Exhibit E to Appellants' Petition For Supersedeas
5 12-21-2016 Appellants' Petition For Temporary Supersedeas
6 12-21-2016 NOTICE OF APPEARANCE: On behalf of [Permittee] Megan Haines, Esquire and Robert Burns, Esquire, Buchanan, Ingersoll & Rooney, Pittsburgh, Pa.
7 12-22-2016 ORDER: It is ordered...a telephone conference call is scheduled in this matter for Thursday, December 22, 2016 at 11:30 AM.
8 12-22-2016 Cover letter, resumes of Dr. Schmid and Mr. Sullivan, Certificate of Service
9 12-22-2016 Appellants' letter and proposed order related to petition for temporary supersedeas
10 12-22-2016 Permittee's Letter and Proposed Order Per the Board's Request of December 22, 2016
11 12-23-2016 CPCC's letter in response to Appellants' letter and proposed order on temporary supersedeas
12 12-23-2016 ORDER: It is ordered...1) The Petition for Temporary Supersedeas as requested is denied; 2) Any responses to Appellants' Petition for Supersedeas shall be filed on or before January 3, 2017; 3) The hearing on the Appellants' Petition for Supersedeas will be held on January 10-13, 2017, 9:30 AM, at the Board's Pittsburgh Facility; 4) In order to provide the Board the opportunity to hold the scheduled hearing on Appellants' Petition for Supersedeas prior to any impact on Kent Run, the Board orders the following...
13 12-23-2016 PREHEARING ORDER NO. 1: Discovery completed by June 21, 2017; joint statement regarding settlement conference February 13, 2017; dispositive motions filed by July 24, 2017.
14 01-03-2017 Department of Environmental Protection's Response to Appellants' Petition for Supersedeas, Affidavit of Joseph Laslo, Affidavit of Michael Bodnar, Exhibit A (Module 8 for permit revision 204), Exhibit B (Module 15 for permit revision 204), and Certificate of Service.
15 01-03-2017 Permittee Consol Pennsylvania Coal Company, LLC's Response in Opposition to Petition for Supersedeas
16 01-04-2017 ORDER: It is ordered that any party wishing to respond to Consol Pennsylvania Coal Company, LLC's Motion to Dismiss Petition for Superseadeas shall do so on or before Thursday, January 5, 2017.
17 01-04-2017 ORDER: It is ordered that a telephone conference call is scheduled in this matter for Friday, January 6, 2017 at 1:30 PM.
18 01-05-2017 Letter to the Board, Certificate of Service
19 01-05-2017 Appellants' Response to Permittee's Motion To Dismiss Supersedeas
20 01-06-2017 Appellants' Motion For Admission Of Counsel Pro Hac Vice
21 01-06-2017 CPCC's Letter in Response to Appellant's Response to Permittee's Motion to Dismiss Petition for Supersedeas
22 01-06-2017 ORDER: It is ordered...Appellants' Motion for Admission of Counsel Pro Hac Vice of J. Michael Becher is granted.
23 01-09-2017 OPINION AND ORDER ON MOTION TO DISMISS PETITION FOR SUPERSEDEAS: It is ordered that the Motion to Dismiss Petition for Supersedeas is granted in part and denied in part.
24 01-09-2017 Permittee CPCC's Letter regarding Location of Longwall Face Pursuant to Order dated December 23, 2016
25 01-11-2017 Parties' Stipulation of Facts, and Certificate of Service.
26 01-12-2017 Revised Stipulation of Facts and Exhibits
27 01-13-2017 ORDER: It is ordered...1. Any party that intends to file a post-hearing statement shall do so on or before January 18, 2017; and 2. Consol Pennsylvania Coal Company, LLC shall file a statement on January 18, 2017, stating the location of the longwall face as of that date and the anticipated schedule for the longwall face to reach a position within 500 feet of any portion of Kent Run that overlies the 3L Panel.
28 01-17-2017 Letter to the Board Concerning Stipulated Hearing Exhibits, Stipulated Exhibits by the Parties, Stipulated Exhibit A, Stipulated Exhibit D, Stipulated Exhibit E, Stipulated Exhibit L, and Certificate of Service.
29 01-18-2017 Permittee Consol Pennsylvania Coal Company's Posthearing Brief in Opposition to Petition for Supersedeas
30 01-18-2017 Permittee CPCC's Letter regarding Location of Longwall Face Pursuant to Order Dated January 13, 2017
31 01-18-2017 Department's Post-hearing Memorandum of Law in Opposition to Supersedeas; Certificate of Service
32 01-18-2017 Appellants' Post-Hearing Brief In Support Of Petition For Supersedeas
33 01-20-2017 Permittee Consol Pennsylvania Coal Company, LLC's Amended Posthearing Brief in Opposition to Petition for Supersedeas
34 01-20-2017 Appellants' Response To Permittee's Request For A Bond
35 01-24-2017 ORDER: The Board Orders as follows: 1. The Petition for Supersedeas as requested is granted in part. 2. The Permittee may continue to longwall mine under the terms of its current permit, including Permit Revision No. 204, but may not conduct longwall mining within 100 feet of any portion of Kent Run in the 3L Panel. 3. The Appellants shall not be required to file a bond or other security. 4. An opinion in support of this Order Granting Appellants' Petition for Supersedeas In Part shall follow.
36 02-01-2017 OPINION IN SUPPORT OF ORDER GRANTING PETITION FOR SUPERSEDEAS IN PART.
37 02-03-2017 Copy of Consol PA Coal Co. "Notice of Filing Petition for Review" filed in Commonwealth Court on January 30, 2017. [Cmwlth. Ct. No. 112 CD 2017] Notice dated February 1, 2017. Cert due March 17, 2017.
38 02-03-2017 Copy of Consol Pennsylvania Coal Company LLC's Petition for Review. (Cmwlth. Ct. No. 112 CD 2017)
39 02-07-2017 Transcripts received: Original and condensed of hearings held on January 10, 11, and 12, 2017 in Pittsburgh. (Adelman Reporters)
40 02-13-2017 Parties' Certification of Settlement Discussions
41 02-22-2017 CERTIFICATION OF RECORD TO THE PROTHONOTARY, COMMONWEALTH COURT OF PENNSYLVANIA: Pursuant to Pa.R.A.P. Nos. 1541, 1951 and 1952, EHB hereby certifies the enclosed to be the true and correct record of its proceedings in this matter. (Cmwlth. Ct. No. 112 CD 2017)
42 02-22-2017 NOTICE OF CONTENTS OF CERTIFIED RECORD (to Commonwealth Court).
43 02-23-2017 Joint Request for Extension of Time for Submission of ESI Discovery Plan
44 02-23-2017 ORDER: It is ordered that the ESI plan deadline shall be Monday, March 6, 2017.
45 02-27-2017 Time-Stamp copy [February 23, 2017] of CERTIFICATION OF RECORD TO THE PROTHONOTARY, COMMONWEALTH COURT OF PENNSYLVANIA: Pursuant to Pa.R.A.P. Nos. 1541, 1951 and 1952, EHB hereby certifies the enclosed to be the true and correct record of its proceedings in this matter. (Cmwlth. Ct. No. 112 CD 2017)
46 03-01-2017 Joint Motion of the Commonwealth of Pennsylvania, Department of Environmental Protection, Center for Coalfield Justice, and Sierra Club for Stay of Board Deadlines; Proposed Order; Certificate of Service.
47 03-06-2017 Department and Appellants' Center for Coalfield Justice and Sierra Club letter, Proposed ESI Discovery Plan, Proposed Order and Certificate of Service
48 03-06-2017 Consol Pennsylvania Coal Company LLC's Letter Advising Regarding Electronically Stored Information Pursuant to the Board's Order of February 23, 2017
49 03-07-2017 Corrected Filing of the Department and Appellants' Proposed ESI Discovery Plan, Transmittal Letter, Proposed Order, and Certificate of Service.
50 03-10-2017 Permittee Consol Pennsylvania Coal Company LLC's Response in Opposition to Joint Motion to Stay
51 03-10-2017 Permittee Consol Pennsylvania Coal Company LLC's Motion for Expedited Hearing
52 03-10-2017 ORDER: It is hereby ordered that any party wishing to respond to Consol Pennsylvania Coal Company, LLC's Motion for Expedited Hearing shall do so on or before Wednesday, March 15, 2017.
53 03-13-2017 ORDER: It is ordered...a telephone conference call is scheduled in this matter for Friday, March 17, 2017 at 2:00 PM.
54 03-15-2017 Department's Response to Consol Pennsylvania Coal Company LLC's Motion for Expedited Hearing, Exhibits A-C, Affidavit of Joel Koricich, Memorandum of Law in Support thereof, and Certificate of Service.
55 03-15-2017 Appellants' Response In Opposition To Permittee's Motion For Expedited Hearing
56 03-16-2017 Department's Affidavit of Joel Koricich to the Department's Response to Consol Pennsylvania Coal Company LLC's Motion for Expedited Hearing, Exhibits A-C, Affidavit of Joel Koricich, and Memorandum of Law in Support thereof which was e-filed on March 15, 2017; and Certificate of Service.
57 03-21-2017 ORDER: It is ordered...the Motion for Stay of Board Deadlines is denied.
58 03-22-2017 OPINION AND ORDER ON MOTION FOR EXPEDITED HEARING: It is ordered that the Motion is denied.
59 05-12-2017 Letter to Judge Beckman Advising Regarding Satisfaction of Special Condition 97
60 05-12-2017 Appellants' Motion To Compel Discovery From Permittee
61 05-17-2017 ORDER: It is ordered...responses to Appellant's Motion to Compel Discovery from Permittee shall be filed by Friday, May 19, 2017.
62 05-18-2017 Joint Request for Extension of Time
63 05-19-2017 ORDER: It is ordered...the Permittee's response to the Appellants' Motion to Compel Discovery shall be filed on or before Friday, May 26, 2017.
64 05-25-2017 Joint Letter Requesting Extension of Deadline for Permittee to Response to Motion to Compel
65 05-25-2017 ORDER: It is ordered...responses to Appellants' Motion to Compel Discovery from Permittee shall be filed by Friday, June 2, 2017.
66 06-02-2017 Permittee's Response in Opposition to Appellants' Motion to Compel Discovery
67 06-05-2017 ORDER: A conference call scheduled for June 8, 2017 at 1:15 pm.
68 06-09-2017 Permittee Consol Pennsylvania Coal Company LLC's Motion to Dismiss Appeal
69 06-23-2017 Department's Motion to Dismiss Appellants' Appeal as Moot with Respect to Kent Run
70 07-10-2017 Appellants' Response to Motions to Dismiss
71 07-25-2017 Department's Letter Advising the Board that the Department will not be filing a Reply to the Response to the Department's Motion to Dismiss as Moot with Respect to Kent Run and Certificate of Service
72 07-26-2017 Permittee Consol Pennsylvania Coal Company LLC's Reply Brief in Support of Motion to Dismiss Appeal as Moot
73 07-28-2017 OPINION AND ORDER ON MOTIONS TO DISMISS: It is ordered: 1) Department's motion to dismiss Appellants' appeal as moot with respect to Kent Run is denied; and 2) Consol's motion is denied.
74 08-03-2017 Copy of the Opinion (by Judge Wojcik) and Order from Cmwlth Ct. dated August 2, 2017: The appeal is dismissed. (Cmwlth Ct. No. 112 CD 2017).
75 08-08-2017 Permitee Consol Pennsylvania Coal Company LLC's Petition for Reconsideration of the Board's Decision on Its Motion to Dismiss (Re-filed) And Cover Letter to the Board Regarding Same
76 08-08-2017 Permittee's Exhibits to Petition for Reconsideration
77 08-16-2017 Department's letter regarding the Permittee's Petition for Reconsideration; Certificate of Service
78 08-18-2017 Appellants' Response to Permittee's Motion For Reconsideration
79 08-22-2017 OPINION AND ORDER ON PERMITTEE'S PETITION FOR RECONSIDERATION OF THE BOARD'S DECISION ON ITS MOTION TO DISMISS: It is hereby ordered that Consol's Petition for Reconsideration of the Board's Decision on its Motion to Dismiss is denied.
80 08-29-2017 ORDER: It is ordered that the parties shall submit a joint proposed discovery schedule and deadline for dispositive motions on or before Friday, September 8, 2017.
81 09-08-2017 Joint Proposed Scheduling Order
82 09-11-2017 ORDER: It is ordered: 1) The parties shall submit a proposed plan and proposed order on discovery of Electronically Stored Information on or before October 4, 2017. 2) Appellants shall provide their expert report(s) on or before November 22, 2017. 3) The Department and Permittee shall provide their expert report(s) on or before December 15, 2017. 4) All discovery shall be completed on or before December 15, 2017. 5) Dispositive motions shall be due on or before January 15, 2018.
83 09-29-2017 Files returned from Cmwlth. Court.
84 10-04-2017 The Parties' Joint Plan Concerning the Discovery of Electronically Stored Information
85 10-05-2017 ORDER: Following review of the Plan Concerning the Discovery of Electronically Stored Information...the filing is approved as the Electronic Discovery Plan for this case and all Parties shall comply with its provisions.
86 11-20-2017 NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL: On behalf of [Consol] entering appearance of Victoria B. Kush, Esquire and withdrawing Megan S. Haines, Esquire.
87 11-20-2017 Joint Request for Temporary Stay
88 11-20-2017 ORDER: This matter is stayed until Tuesday, December 5, 2017. The parties shall file a joint status report on or before Tuesday, December 5, 2017.
89 12-05-2017 Joint Status Report and Request for Extension of Stay
90 12-06-2017 ORDER: This matter is stayed until Wednesday, December 20, 2017 and parties shall file a joint status report on or before December 20, 2017.
91 12-20-2017 Joint Status Report, Proposed Order, and Certificate of Service
92 12-21-2017 ORDER: It is ordered...this matter is stayed until January 5, 2018; the parties shall file a joint status report on or before January 5, 2018.
93 01-05-2018 Joint Stipulation of Settlement, Cover Letter, Proposed Order, and Certificate of Service
94 01-08-2018 ORDER: Appeal is withdrawn, closed and discontinued.
95 05-14-2018 Records transferred to Record Center: EHB Box #1314 - Record Center Box #814957.