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CASE INFORMATION
Case Number: 2017009
Appellant #1: CLEAN AIR COUNCIL
Appellant #2: MOUNTAIN WATERSHED ASSOCIATION, INC.
Appellant #3: DELAWARE RIVERKEEPER NETWORK

VIEW CASE INFORMATION FOR THIS CASE

ACTIVE CASE

# Filing Date Description Documents (?)
1 02-13-2017 Notice of Appeal
2 02-14-2017 Appellants' Petition for Supersedeas.
3 02-14-2017 Appellants' Application for Temporary Supersedeas.
4 02-14-2017 ORDER: In consideration of the Appellants' petition for supersedeas and application for temporary supersedeas, it is hereby ordered that the parties shall participate in an in-person conference at 1:00 p.m. on February 16, 2017 at the Harrisburg offices of the Board. The parties should be prepared to address the application for temporary supersedeas, scheduling the hearing on the supersedeas, and overall case management.
5 02-14-2017 ORDER: It is hereby ordered that this matter is assigned to The Honorable Bernard A. Labuskes, Jr. for primary handling.
6 02-14-2017 NOTICE OF APPEARANCE: On behalf of the [Department] Margaret O. Murphy, Esquire, William Gerlach, Esquire, Gail Guenther, Esquire and Curtis Sullivan, Esquire.
7 02-14-2017 Department's Status Letter to the Board
8 02-14-2017 Corrected Department Status Letter to the Board
9 02-15-2017 NOTICE OF APPEARANCE: On behalf of [Sunoco] Robert D. Fox, Esquire, Manko Gold Katcher & Fox, LLP, Bala Cynwyd, Pa.
10 02-15-2017 NOTICE OF APPEARANCE: On behalf of [Sunoco] Neil S. Witkes, Esquire, Manko Gold Katcher & Fox, LLP, Bala Cynwyd, Pa.
11 02-15-2017 NOTICE OF APPEARANCE: On behalf of [Sunoco] Diana A. Silva, Esquire, Manko Gold Katcher & Fox, LLP, Bala Cynwyd, Pa.
12 02-15-2017 NOTICE OF APPEARANCE: On behalf of [Sunoco] Jonathan E. Rinde, Esquire, Manko Gold Katcher & Fox, LLP, Bala Cynwyd, Pa, as co-counsel.
13 02-15-2017 Appellant submits electronic files regarding the Mariner East Pipeline II which include applications for the appealed permits. (flash drive)
14 02-15-2017 Letter from WHYY, Inc. requests permission to record the conference for February 16, 2017. (fax)
15 02-15-2017 Letter from WHYY, Inc. requests permission to record the conference for February 16, 2017. (scan)
16 02-15-2017 ORDER: It is ordered that any party objecting to WHYY, Inc's request to record the February 16, 2017 in-person conference shall file the objection in writing in advance of the conference.
17 02-15-2017 Permittee Sunoco Pipeline, L.P.'s Objection to Request to Record Conference
18 02-16-2017 ORDER: It is hereby ordered that WHYY's request to record the conference is denied.
19 02-16-2017 Letter from WHYY, Inc.'s second request for permission to audio record the conference for February 16, 2017. (fax)
20 02-16-2017 Letter from WHYY, Inc.'s second request for permission to audio record the conference for February 16, 2017. (scan)
21 02-16-2017 Sunoco Pipeline, L.P.'s Objection to Request to Record Conference
22 02-16-2017 Sunoco Pipeline LP's Memorandum of Law in Opposition to Petition for Temporary Supersedeas.
23 02-16-2017 Sunoco Pipeline LP's Memorandum of Law in Opposition to Petition for Temporary Supersedeas. (scan)
24 02-16-2017 Sunoco Pipeline, LP's Hearing Exhibits. (one binder)
25 02-17-2017 ORDER: It is ordered: 1) The application for temporary supersedeas is denied. 2) The parties shall submit a proposed joint case management order on or before February 24, 2017... 3) Hearing on the Appellants' petition for supersedeas is scheduled at the Board's Harrisburg office beginning at 9:00 a.m. on March 1, 2017 and continuing through March 3, 2017; the parties should hold March 13-15, 2017 in the unanticipated event that the hearing is not completed by March 3. (Commonwealth Reporting Co. Inc.)
26 02-17-2017 Appellants' Emergency Motion for Expedited Hearing and for Reconsideration of the Denial of Temporary Supersedeas.
27 02-17-2017 ORDER: It is ordered that the Department and Sunoco Pipeline, L.P. shall file responses to the Appellants' motion for expedited hearing and for reconsideration of the Board's denial of the temporary supersedeas by 5:00 p.m. on February 21, 2017.
28 02-21-2017 Permittee Sunoco Pipeline L.P.'s Response to Emergency Motion for Expedited Hearing; Memorandum of Law in Opposition to Emergency Motion; Proposed Order and Certificate of Service
29 02-21-2017 Department's Response to Appellants' Emergency Motion for Expedited Hearing and for Reconsideration of the Denial of Temporary Supersedeas
30 02-21-2017 Department's February 21, 2017 Letter
31 02-21-2017 Appellants' Feb. 21 letter re telephone conference for expedited hearing.
32 02-22-2017 Notice of Appearance by Terry R. Bossert on behalf of Sunoco Pipeline, LP
33 02-23-2017 OPINION AND ORDER ON MOTION FOR EXPEDITED HEARING AND FOR RECONSIDERATION: It is hereby ordered that the appellants' motion for expedited hearing and for reconsideration of the Board's February 17, 2017 Order denying the appellants' application for temporary supersedeas is denied.
34 02-23-2017 Joint Case Management Order for Petition for Supersedeas, and Certificate of Service.
35 02-24-2017 JOINT CASE MANAGEMENT ORDER FOR PETITION FOR SUPERSEDEAS.
36 02-24-2017 PREHEARING ORDER NO. 1: Discovery completed by August 23, 2017; joint statement regarding settlement conference April 17, 2017; dispositive motions filed by September 22, 2017.
37 02-27-2017 Board's letter to counsel.
38 02-27-2017 Permittee's Motion in Limine to Limit Expert Testimony of Michele C. Adams, P.E., Exhibit 1, Memorandum of Law in Support thereof, Proposed Order and Certificate of Service
39 02-27-2017 Permittee's Motion in Limine to Limit Expert Testimony of James A. Schmid, Ph.D., Exhibit 1, Memorandum of Law in support thereof, Proposed Order and Certificate of Service
40 02-27-2017 Department's Letter to schedule pre-hearing conference, proposed Order, and Certificate of Service.
41 02-28-2017 Permittee's Motion to Limit Evidence at Supersedeas Hearing to Facts Set Forth in Affidavits of Michele C. Adams, P.E. and James A. Schmid, Ph.D., Exhibits, Memorandum of Law in Support thereof, Proposed Order and Certificate of Service
42 02-28-2017 Department's Memorandum of Law in Opposition to Appellants' Petition for Supersedeas and Certificate of Service
43 03-01-2017 Transcripts received: For in-person conference held on February 16, 2017 in Harrisburg. (original and condensed)(Commonwealth Reporting Co. Inc.)
44 03-03-2017 ORDER: In consideration of the Permittee's motion in limine to limit the expert testimony of James Schmid, Ph.D., joined in by the Department, and in light of the fact that Dr. Schmid did not offer any opinions outside of the areas in which he was properly qualified during his testimony at the supersedeas hearing, it is hereby ordered that the motion is denied as moot.
45 03-03-2017 OPINION IN SUPPORT OF RULING DENYING PERMITTEE'S MOTION TO LIMIT EVIDENCE AT SUPERSEDEAS HEARING.
46 03-22-2017 Transcripts received: Original and condensed version of the supersedeas hearing held on March 1, 2017 in Harrisburg. (Commonwealth Reporting Co. Inc.)
47 03-24-2017 Department's letter to The Honorable Bernard A. Labuskes, Jr., Judge, dated March 24, 2017
48 03-24-2017 Transcripts received: Original and condensed version of the supersedeas hearing held on March 2 and March 3, 2017 in Harrisburg. (Commonwealth Reporting Co. Inc.)
49 04-11-2017 Joint Statement Regarding Settlement Discussions
50 04-24-2017 Parties' status letter to Board on electronic discovery plan.
51 04-25-2017 Proposed electronic discovery plan
52 04-28-2017 NOTICE OF APPEARANCE: On behalf of the [Department] Nels Taber, Esquire, Southcentral Region, Harrisburg.
53 05-02-2017 Department's Brief Regarding the Proposed Electronic Discovery Plan
54 05-02-2017 Appellant's Memorandum on the Joint Electronic Discovery Plan
55 05-05-2017 ORDER: Upon consideration of the Plan Concerning the Discovery of Electronically Stored Information (Electronic Discovery Plan) filed by the parties, the filing is approved as the Electronic Discovery Plan for this case and all parties shall comply with its provisions. With respect to those issues in the Electronic Discovery Plan on which the Parties disagree, the Board orders as follows: 1. Paragraph 5 of the Plan shall read as follows: (SEE ORDER) 2. Paragraph 8(b) as proposed by the Department is included in the Plan.
56 07-19-2017 Appellants' Petition for Partial Supersedeas.
57 07-19-2017 Appellants' Application for Temporary Partial Supersedeas.
58 07-20-2017 ORDER: It is ordered that the parties shall participate in a conference call at 2:00 p.m. on July 20, 2017 to discuss the Appellants' petition for partial supersedeas and application for temporary partial supersedeas. The Board will provide the parties with the dial-in information.
59 07-20-2017 ORDER: It is ordered that the parties shall participate in another conference call at 9:00 a.m. on July 25, 2017. The Board will provide the parties with the dial-in information.
60 07-24-2017 ORDER: It is hereby ordered that the parties should be prepared to discuss on the conference call on July 25, 2017, among other things, whether there are any specific locations where HDD is actually underway that an immediate work stoppage pending a hearing on the supersedeas petition would (1) cause more short-term environmental harm than good, (2) present a significant threat of equipment damage, or (3) create a safety issue.
61 07-25-2017 ORDER: It is ordered that the Appellants' application for a temporary partial supersedeas is granted. ... The hearing on the Appellants' petition for a partial supersedeas shall commence in the Board's Harrisburg hearing room on the date requested by the parties; namely, 9:00 a.m. on August 7, 2017.
62 07-25-2017 SUNOCO PIPELINE, L.P.'s VERIFIED FIRST EMERGENCY MOTION FOR CLARIFICATION OF THE JULY 25, 2017 ORDER
63 07-25-2017 ORDER: Sunoco Pipeline, L.P. shall be permitted to periodically rotate the downhole drill bits or reamers and move them back and forth within the drill holes without advancing the drill hole or conducting additional drilling to safeguard the integrity of the downhole equipment.
64 07-27-2017 Sunoco Pipeline L.P.'s Emergency Motion to Modify July 25, 2017 Order; Affidavit of David Runte; Proposed Order
65 07-27-2017 ORDER: It is hereby ordered that any party wishing to respond to Sunoco's Emergency Motion to Modify the Board's July 25, 2017 Order may do so before 10:00 a.m. on July 28, 2017.
66 07-28-2017 Appellants' Response to Sunoco's Emergency Motion of July 27, 2017.
67 07-28-2017 ORDER: In consideration of the Permittee's emergency motion to modify our July 25, 2017 Order and the affidavit submitted in support thereof, and the Appellants' response in opposition to the Permittee's motion, which also included an affidavit, it is hereby ordered that the motion is granted in part.
68 08-01-2017 Affidavit of David Runte
69 08-01-2017 ORDER: It is hereby ordered that the temporary partial supersedeas continues to be lifted with respect to the following horizontal directional drilling locations as identified in the Permittee's affidavit: The HDD at Harrisburg Pike in Cumberland County, PA-CU-0136.0000-RD; The HDD at Wetland S161 in Lancaster County, PA-LA-0014.0000-SR.
70 08-03-2017 ORDER: It is ordered that the parties shall participate in an in-person settlement conference at 11:00 a.m. on August 3, 2017 at the Harrisburg offices of the Board.
71 08-03-2017 ORDER: In further consideration of the Permittee's emergency motion to modify our July 25, 2017 Order, it is hereby ordered that the temporary partial supersedeas is lifted with respect to all horizontal directional drilling locations identified in the Permittee's motion, except for the HDD at Creek 110 in Lebanon County, PA‐LE‐0117.0000‐WX.
72 08-03-2017 ORDER: The hearing on the Appellants' petition for a partial supersedeas previously scheduled to begin at 9:00 a.m. on August 7, 2017 shall now commence at 9:00 a.m. on August 9, 2017 at the Harrisburg offices of the Board.
73 08-04-2017 ORDER: It is ordered that the temporary partial supersedeas previously set to expire at 9:00 a.m. on August 7, 2017 shall now expire at 9:00 a.m. on August 9, 2017.
74 08-08-2017 Letter from Senators Rafferty and Dinniman.
75 08-08-2017 Letter to Senators Rafferty and Dinniman
76 08-08-2017 Proposed Stipulated Order
77 08-08-2017 ORDER: The hearing on the Appellants' petition for partial supersedeas previously set to begin at 9:00 a.m. on August 9, 2017 is postponed pending the Board's review of the proposed stipulated order. The temporary supersedeas, as previously modified, is extended pending the Board's review.
78 08-09-2017 STIPULATED ORDER.
79 08-10-2017 Permittee's Letter to Judge Labuskes with Clean and Redlined versions of Proposed Corrected Stipulated Order
80 08-10-2017 CORRECTED STIPULATED ORDER
81 08-22-2017 Department's Letter to The Honorable Bernard A. Labuskes, Jr. dated August 22, 2017
82 08-22-2017 ORDER: It is hereby ordered: All discovery shall be completed on or before October 23, 2017; All dispositive motions shall be filed on or before November 21, 2017.