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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

CLOSED 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.
83 10-23-2017 Proposed Joint Case Management Order
84 10-23-2017 Clean Air Council, Delaware Riverkeeper Network, and Mountain Watershed Association's Motion to Clarify
85 10-24-2017 ORDER: It is ordered...1. Factual discovery shall be completed by October 27, 2017; 2. Appellants shall produce expert reports by November 21, 2017; 3. The Department and Permittee shall produce expert reports by December 21, 2017; 4. Dispositive motions shall be filed by January 5, 2018...
86 10-27-2017 Appellants' Motion for Summary Judgment
87 10-27-2017 Appellants' Motion for Leave to Increase Page Limit for Summary Judgment Memo.
88 10-30-2017 Appellants' letter attaching corrected summary judgment proposed order.
89 11-07-2017 Sunoco Pipeline L.P.'s Response to Appellants' Motion for Clarification of Board Order Dated August 10, 2017, Exhibits 1 to 3, Memorandum of Law in Opposition; Proposed Order and Certificate of Service
90 11-07-2017 DEP Response to Appellants' Motion for Clarification
91 11-09-2017 Joint Request to Modify October 24, 2017 Case Management Order, Proposed Order, and Certificate of Service
92 11-13-2017 OPINION AND ORDER ON MOTION FOR CLARIFICATION: It is hereby ordered that the Appellants' motion for clarification is denied.
93 11-13-2017 Permittee Sunoco Pipeline L.P.'s Response to Appellant's Motion for Leave to Increase the Page Limit for Appellants' Memorandum of Law in Support of Their Motion for Summary Judgment; Memorandum of Law and Proposed Order
94 11-13-2017 The Department's Response in Opposition to Appellants' Motion for Leave to Increase the Page Limit for Appellants' Memorandum of Law in Support of Their Motion for Summary Judgment
95 11-14-2017 ORDER: The Board's October 24, 2017 Order is hereby amended as follows: 1. Appellants shall produce their expert reports, if any, by December 1, 2017. 2. The Department and Permittee shall produce their expert reports, if any, by January 8, 2018.
96 11-14-2017 ORDER: Upon consideration of the Appellants' motion for leave to increase the page limit of their memorandum of law filed in support of their motion for summary judgment, it is hereby ordered that the motion is granted. All parties may exceed the 30-page limit provided for in 25 Pa. Code Section 1021.94a(h). Responses to the Appellants' motion for summary judgment shall be filed on or before December 14, 2017. Any reply brief may be filed on or before December 29, 2017.
97 12-13-2017 Permittee's Request to Extend Page Limit
98 12-13-2017 Proposed Order regarding request to extend page limit
99 12-13-2017 Department's Request for the page limit of its Response to Appellants' Statement of Undisputed Facts and Counterstatement of Material Facts Be Extended to Ten Pages
100 12-14-2017 ORDER: Upon consideration of the unopposed letter requests to exceed the 5-page limit for responses to Appellants' Statement of Undisputed Material Facts and Counterstatement of Material Facts, it is hereby ordered that such requests are granted.
101 12-14-2017 Permittee Sunoco Pipeline L.P.'s Response to Appellants' Motion for Summary Judgment; Response to Appellants' Statement of Undisputed Material Facts and Counter-Statement of Material Facts; Memorandum of Law in Opposition; Exhibits; Proposed Order and Certificate of Service
102 12-14-2017 DEP Response to Appellants' Motion for Summary Judgment with Response to Undisputed Facts, Memorandum of Law in Support and Exhibits/Affidavits in Support (Exhibits 11, 12, 14 and 15 to be filed via mail due to size).
103 12-15-2017 Department's "Exhibits" to Response to Appellants' Motion for Summary Judgment with Response to Undisputed Facts, Memorandum of Law in Support and Exhibits/Affidavits in Support (Exhibits 11, 12, 14 and 15) (CD disk)
104 12-18-2017 Permittee Sunoco Pipeline L.P.'s Response to Appellants' Motion for Summary Judgment; Response to Appellants' Statement of Undisputed Material Facts and Counter-Statement of Material Facts; Memorandum of Law in Opposition; Exhibits; Proposed Order and Certificate of Service (with exhibits 1 through 90 - 3 large binders)
105 12-29-2017 Appellants' Reply Brief in Support of Motion for Summary Judgment.
106 01-05-2018 Joint Request for Extension of Time to File Expert Reports
107 01-05-2018 ORDER: Department and Permittee shall produce their expert reports, if any, by January 22, 2018.
108 01-05-2018 Permittee's Motion for Partial Summary Judgment; Permittee's Statement of Undisputed Material Facts in support of Motion for Partial Summary Judgment; Permittee's Memorandum of Law in Support thereof; Exhibits; Proposed Order and Certificate of Service
109 01-08-2018 OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT: The Appellants' motion for summary judgment is denied.
110 01-09-2018 Permittee's Motion for Partial Summary Judgment; Permittee's Statement of Undisputed Material Facts in support of Motion for Partial Summary Judgment; Permittee's Memorandum of Law in Support thereof; Proposed Order and Certificate of Service. Two binders of Exhibits. (hard)
111 01-17-2018 Appellants' Petition to Amend Interlocutory Order
112 01-22-2018 Department of Environmental Protection's Letter of concurrence with regard to Permittee's motion for partial summary judgment with certificate of service
113 01-29-2018 Permittee's Response to Appellants' Petition to Amend Interlocutory Order Denying Motion for Summary Judgment; Memorandum of Law in Opposition; Proposed Order and Certification of Service
114 01-29-2018 Department's Response to Appellants' Petition to Amend Interlocutory Order Denying Motion for Summary Judgment; Memorandum of Law in Opposition; Proposed Order and Certificate of Service
115 02-02-2018 OPINION AND ORDER ON PETITION TO AMEND INTERLOCUTORY ORDER: It is ordered that the Appellants' petition to amend the Board's interlocutory order denying a motion for summary judgment to certify it for immediate appeal is denied.
116 02-05-2018 Appellants' Response to Permittee's Motion for Partial Summary Judgment
117 02-09-2018 PREHEARING ORDER NO. 2: A hearing in this matter is scheduled before the Honorable Bernard A. Labuskes, Jr. beginning at 10:00 a.m. on Wednesday, June 20, 2018 and continuing on June 21, August 1-3, August 6-8, and September 4-7 at the Harrisburg offices of the Environmental Hearing Board, Second Floor, 400 Market Street, Harrisburg, Pa. (Premier Reporting LLC) 1) Appellant's prehearing memo filed by May 9, 2018. 2) Department and Permittee's prehearing memos filed by May 30, 2018. 3) Factual stipulation must be filed with the Board 5 days before the hearing date. ...6) Prehearing telephone conference is scheduled for June 14, 2018 at 10:00 am.
118 02-13-2018 Letter request re final hearing schedule
119 02-13-2018 Sunoco Pipeline L.P.'s Letter to Judge Labuskes regarding final hearing schedule
120 02-14-2018 ORDER: It is ordered... Pre-Hearing Order No. 2 is amended as follows: 1) The hearing previously scheduled to begin on June 20, 2018 shall now begin at 10:00 a.m. on Wednesday, August 1, 2018 at the Harrisburg offices of the Board and continue on the following dates, as necessary: August 2-3, August 6-8, and September 4-7; 2)...
121 02-20-2018 Permittee Sunoco Pipeline L.P.'s Reply Brief in Support of Motion for Partial Summary Judgment, Exhibits, Alternative Order and Certificate of Service
122 02-21-2018 Permittee Sunoco Pipeline L.P.'s Reply Brief in Support of Motion for Partial Summary Judgment, Exhibits 41, 42 & 42, Alternative Order and Certificate of Service. (hard)
123 02-22-2018 ORDER: In consideration of Permittee's motion for partial summary judgment and the responses thereto, it is ordered as follows: 1)The Appellants have irrevocably waived their objections that (1) the Permittee's Chapter 102 Permits do not include appropriate requirements for how contaminated soils encountered during construction will be addressed; (2) the permits do not comply with the post-construction management requirements ... and (3) the permits do not comply with the antidegradation requirements ... Therefore, the Permittee's motion as to those arguments is denied as moot. 2) The Permittee's motion is in all other respects denied.
124 04-02-2018 ORDER: The appeals docketed at EHB Docket Nos. 2017-009-L and 2018-023-L are hereby consolidated at 2017-009-L; 2) The Board's Order dated March 26, 2018 in EHB Docket No. 2018-023-L is superseded; 3) A one-day hearing shall be held on the Appellants' petition for partial supersedeas in EHB Docket No. 2018-023-L beginning at 9:30 a.m. on April 16, 2018 at the Harrisburg offices of the Board...
125 04-10-2018 Stipulated Order with Exhibits
126 04-10-2018 Revised Stipulated Order
127 04-11-2018 ORDER: it is hereby ordered that the Board's Order of April 2, 2018 is revised as follows: 1) The parties are not required to submit supporting memoranda. 2) The hearing previously scheduled to begin on April 16, 2018 to consider the appellants' petition for partial supersedeas shall instead be held to consider whether the Board should approve the proposed stipulated order and the latest version of the HDD IR PPC plan (Ex. 1). In order to approve the stipulated order the Board will need to be satisfied that the order truly reflects the mutual agreement of the parties and that it is otherwise fair, reasonable, and in the public interest. Among other things, the Board will consider whether the order needs to be modified to provide for some monitoring by the Board and/or Appellants going forward of Sunoco's trenchless construction activities and the Department's oversight thereof. 3) The order of presentation and proof shall remain the same as in the April 2 Order.
128 04-12-2018 ORDER: At the parties' mutual request, it is hereby ordered that the parties shall participate in a conference call at 10:00 a.m. on April 13, 2018.
129 04-16-2018 EXECUTED STIPULATED ORDER...9) The appeal docketed at EHB Docket No. 2018-023-L having been settled, the appeal shall be marked closed and settled.
130 05-01-2018 Transcripts received: Original and condensed of hearing held on April 16, 2018 in Harrisburg, Pa. (Commonwealth Reporting Co. Inc.)
131 06-11-2018 Joint Motion for Continuance of Appellants and the Department
132 06-13-2018 Appellants' Motion for Admission of Counsel Pro Hac Vice.
133 06-15-2018 Permittee's Response to Joint Motion for Continuance
134 06-15-2018 ORDER: Upon consideration of the Department and Appellants' joint motion for a continuance of the hearing in this matter, and the Permittee's response in opposition thereto, it is hereby ordered that the motion is denied.
135 06-18-2018 Department of Environmental Protection's Response to Appellants' Motion for Admission of Counsel Pro Hac Vice
136 06-18-2018 ORDER: It is ordered that the motion is granted. Attorney Robert M. Routh is permitted to appear pro hac vice in this matter for Clean Air Council.
137 06-20-2018 Appellants' Pre-Hearing Memorandum (exhibits filed separately)
138 06-20-2018 Exhibits to Appellants' Pre-Hearing Memorandum, Part 1
139 06-20-2018 Exhibits to Appellants' Pre-Hearing Memorandum, Part 2
140 06-20-2018 Exhibits to Appellants' Pre-Hearing Memorandum, Part 3
141 06-20-2018 Exhibits to Appellants' Pre-Hearing Memorandum, Part 4
142 06-20-2018 Exhibits to Appellants' Pre-Hearing Memorandum, Part 5
143 06-22-2018 Appellant's prehearing memo Exhibits A-2 through A-514. (flash drive)
144 06-25-2018 Exhibit A-144 to Appellants' Pre-Hearing Memorandum
145 06-27-2018 Corrected Exhibits to Appellants' Pre-Hearing Memorandum
146 07-11-2018 Department Of Environmental Protection's Request for Extension of Deadline for Filing Its Prehearing Memorandum
147 07-11-2018 Permittee Sunoco Pipeline L.P.'s Motion in Limine to Preclude Evidence on Issues Not Set Forth in Appellants' Pre-Hearing Memorandum
148 07-11-2018 Permittee Sunoco Pipeline L.P.'s Motion in Limine to Limit Witness Testimony
149 07-11-2018 Permittee Sunoco Pipeline L.P.'s Motion in Limine to Limit Evidence of Compliance History
150 07-11-2018 Permittee Sunoco Pipeline L.P.'s Motion in Limine to Limit Evidence on Exceptional Value Wetlands
151 07-11-2018 Permittee Sunoco Pipeline L.P.'s Pre-Hearing Memoradum
152 07-11-2018 Permittee Sunoco Pipeline L.P.'s Motion in Limine to Exclude Evidence Relating to Post-Permit Conduct, Notices of Violation, and Consent Orders and Agreements, supporting Memorandum of Law, proposed Order and Certificate of Service
153 07-12-2018 Permittee's Prehearing Memorandum exhibits. (flash drive)
154 07-13-2018 Department of Environmental Protection's Prehearing Memorandum with Certificate of Service
155 07-13-2018 Department's letter enclosing prehearing memo exhibits on a cd disk.
156 07-16-2018 Appellants' Motion in Limine re Expert Witnesses
157 07-23-2018 DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MOTIONS IN LIMINE TO PRECLUDE EXPERT TESTIMONY AND EVIDENCE OF POST-PERMIT ISSUANCE COMPLIANCE with proposed order and supporting brief
158 07-23-2018 DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MOTION IN LIMINE TO EXCLUDE WITNESSES WHERE APPELLANTS FAILED TO IDENTIFY THE SUBJECT MATTER OF THEIR TESTIMONY
159 07-24-2018 Department's Motion for Protective Order
160 07-25-2018 Exhibit 3 to Department's Motion for Protective Order
161 07-31-2018 Appellants' Praecipe to Withdraw
162 07-31-2018 ORDER: Appeal withdrawn closed and discontinued. Hearing scheduled for August 1, 2018 is cancelled.
163 08-30-2018 Appellants' Application for Fees and Costs
164 08-30-2018 Permittee's Application for Costs and Fees
165 08-30-2018 Exhibit 2 to Appellants' Application for Fees and Costs and Proposed Order
166 08-31-2018 Permittee's letter, and Permittee's Application for Costs and Fees and referenced exhibits. (Courtesy copy)
167 08-31-2018 Permittee's letter only. (scan)
168 08-31-2018 Appellants' Emergency Motion to Strike or for Other Relief
169 08-31-2018 ORDER: It is hereby ordered that the Permittee's application for costs and fees and exhibits are temporarily restricted from public viewing pending the Board's resolution of the Appellants' emergency motion to strike. Other parties may respond to the Appellants' motion in accordance with the Board's rules regarding miscellaneous motions.
170 09-14-2018 Permittee's Opposition to Appellants' Emergency Motion to Strike Permittee's Application for Fees and Costs
171 09-18-2018 ORDER: In consideration of the Appellants' emergency motion to strike, and the Permittee's response in opposition thereto, it is hereby ordered that the motion is denied.
172 09-17-2018 Permittee's Opposition to Appellants' Emergency Motion to Strike Permittee's Application for Fees and Costs. (courtesy copy)