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CASE INFORMATION
Case Number: 2018028
Appellant #1: CENTER FOR COALFIELD JUSTICE
Appellant #2: SIERRA CLUB

VIEW CASE INFORMATION FOR THIS CASE

CLOSED CASE

# Filing Date Description Documents (?)
1 03-21-2018 Notice of Appeal of Permit Revision No. 210 to CMAP 30841316
2 03-21-2018 Appellants' Petition for Supersedeas
3 03-21-2018 Appellants' Petition for Temporary Supersedeas
4 03-21-2018 Motion for Admission Pro Hac Vice of J. Michael Becher
5 03-21-2018 Motion for Admission Pro Hac Vice of Ben Barczewski
6 03-22-2018 NOTICE OF APPEARANCE: On behalf of [Permittee] Megan S. Haines, Esquire, McGuire Woods, LLP, Pittsburgh.
7 03-22-2018 PREHEARING ORDER NO. 1: Discovery completed by September 18, 2018; joint statement regarding settlement conference May 11, 2018; dispositive motions filed by October 18, 2018.
8 03-22-2018 NOTICE OF APPEARANCES: On behalf of the [Department] Barbara Grabowski, Michael Heilman, and Forrest Smith, Southwest Region, Pittsburgh.
9 03-22-2018 Motion for Admission of Daniel M. Krainin Pro Hac Vice on behalf of Consol.
10 03-22-2018 Motion for Admission of Timothy Sullivan Pro Hac Vice on behalf of Consol.
11 03-23-2018 ORDER: It is ordered: Attorneys, Timothy M. Sullivan and Daniel M. Krainin are permitted to appear pro hac vice for the Permittee, Consol Pennsylvania Coal Company, LLC in this matter.
12 03-23-2018 ORDER: It is ordered: Attorney, J. Michael Becher, is permitted to appear pro hac vice for the Appellant, Center for Coalfield Justice in this matter.
13 03-23-2018 ORDER: It is ordered: Attorney, Benjamin M. Barczewski, is permitted to appear pro hac vice for the Appellant, Center for Coalfield Justice and Sierra Club in this matter.
14 03-23-2018 ORDER: It is ordered: 1. A hearing on Appellants' Petition for Supersedeas is scheduled for April 3, 4, 5, 2018 and, if necessary, April 6, 2018, beginning at 9:30 am at the Environmental Hearing Board's Pittsburgh Office, Courtroom 2014, Piatt Place, 301 5th Avenue, Pittsburgh, PA 15222. (Adelman Reporters) 2. Any responses to the Petition for Supersedeas shall be filed on or before March 29, 2018.
15 03-28-2018 ORDER: The Board orders as follows: 1. The Petition for Temporary Supersedeas is held in abeyance. 2. In order to provide the Board the opportunity to hold the scheduled hearing and rule on Appellants' Petition for Supersedeas prior to any impact on Polen Run, the Board further orders the following: a. Permittee shall continue to advise the Board and the parties as to where the mining has progressed in the 5L Panel and the anticipated schedule for the longwall face to reach a position within 500 feet of any portion of Polen Run that overlies the 5L Panel. b. Permittee shall not conduct the full extraction mining authorized under Permit Revision 210 within 500 feet of any portion of Polen Run that overlies the 5L Panel until the Board issues an order lifting this prohibition on conducting full extraction mining within 500 feet of any portion of Polen Run that overlies the 5L Panel.
16 03-29-2018 Permittee's Letter Regarding Status of Mining
17 03-29-2018 Permittee's Response to Appellants' Petition for Supersedeas
18 04-03-2018 ORDER: It is ordered: 1. The hearing dates of April 3-4, 2018 are cancelled. 2. A hearing on Appellants' Petition for Supersedeas is scheduled for April 5-6, 2018 and April 16-17, 2018 at the Environmental Hearing Board's Pittsburgh Office, Courtroom 2014, Piatt Place, 301 5th Avenue, Pittsburgh, PA 15222. (Adelman Reporters) The hearing shall begin at 8:30 a.m. on April 5, 2018 and may be adjusted thereafter.
19 04-03-2018 Letter Enclosing Consented-to Proposed Order Revising Paragraph 2.b of the Board's March 28, 2018 Order
20 04-04-2018 ORDER: Paragraph 2.b of the Board's Order dated March 28, 2018 is amended as follows: 2.b Permittee shall not conduct the full extraction mining authorized under Permit Revision 210 within 100 feet of any portion of Polen Run that overlies the 5L Panel until the Board issues an order lifting this prohibition on conducting full extraction mining within 100 feet of any portion of Polen Run that overlies the 5L Panel.
21 04-20-2018 Appellants' Post-Hearing Brief In Support of Their Petition For Supersedeas
22 04-20-2018 PERMITTEE CONSOL PENNSYLVANIA COAL COMPANY, LLC'S POST-HEARING BRIEF IN OPPOSITION TO SUPERSEDEAS
23 04-20-2018 Commonwealth, DEP's Post-Hearing Memorandum of Law in Opposition to Petitions for Supersedeas; Certificate of Service.
24 04-20-2018 ORDER: It is ordered: 1) The Board's Rules do not have any specific rules for the filing of briefs after a Supersedeas Hearing. 2) The Board, in response to a question from Counsel as to page length, encouraged the parties to endeavor to keep their briefs around 35 pages or less but indicated that Counsel could exceed that limit. 3) Therefore, there is no page limitation to the briefs that will be filed today in support of the parties respective positions.
25 04-24-2018 OPINION AND ORDER ON PETITION FOR SUPERSEDEAS: The Appellants' Petition for Supersedeas and Application for Temporary Supersedeas are denied.
26 04-30-2018 Transcripts received: Original and condensed of hearing held on April 17, 2018 in Pittsburgh, Pa.
27 05-03-2018 Transcripts received: Original and Condensed of hearings held on April 5, 2018, April 6, 2018 & April 16, 2018. (Adelman Reporters)
28 05-17-2018 Letter to Judge Renwand Regarding ESI Report
29 05-17-2018 ORDER: It is ordered that the requirements of Paragraphs 11 and 12 of the Board's Prehearing Order No. 1 entered on March 22, 2018 are hereby stayed until June 18, 2018 after the issuance of the Board's opinion(s) and order(s) resolving forthcoming motions to amend and dismiss the above captioned appeal.
30 05-18-2018 Appellants' Motion For Leave To Amend Notice Of Appeal
31 05-30-2018 Letter to the Board advising that the Commonwealth of Pennsylvania, Department of Environmental Protection does not oppose Motion for Leave to Amend Notice of Appeal; Certificate of Service
32 06-01-2018 Permittee's Response in Opposition to Appellants' Motion for Leave to Amend Notice of Appeal
33 06-05-2018 WITHDRAWAL OF APPEARANCE: On behalf of the [Department] Michael J. Heilman, Southwest Region, Pittsburgh.
34 06-15-2018 Parties' Joint Request to Extend ESI Report Deadline
35 06-18-2018 ORDER: It is ordered that the requirements of Paragraphs 11 and 12 of the Board's Prehearing Order No. 1 entered on March 22, 2018 are hereby stayed until July 18, 2018 after the issuance of the Board's opinion(s) and order(s) resolving forthcoming motions to amend and dismiss the above captioned appeal.
36 06-20-2018 Permittee Consol Pennsylvania Coal Company, LLC's Motion to Dismiss
37 06-27-2018 ORDER ON APPELLANTS' MOTION FOR LEAVE TO AMEND NOTICE OF APPEAL: It is ordered as follows: 1) Appellants' Motion for Leave to Amend Notice of Appeal does not comply with Section 1021.53(c) of the Environmental Hearing Board's Rules of Practice and Procedure, which requires that motions to amend a notice of appeal should be verified and supported by affidavits. 2) Appellants shall correct these procedural deficiencies on or before July 13, 2018.
38 07-05-2018 Commonwealth of Pennsylvania, Department of Environmental Protection's Memorandum of Law in Support of Consol Pennsylvania Coal Company, LLC's Motion To Dismiss; Certificate of Service.
39 07-13-2018 (corrected) Appellants' Motion For Leave to Amend the Notice of Appeal
40 07-17-2018 Joint Request for Extension of the ESI Report Deadline
41 07-17-2018 ORDER: It is ordered that the requirements of Paragraphs 11 and 12 of the Board's Prehearing Order No. 1 entered on March 22, 2018 are hereby further stayed until 30 days after the issuance of the Board's opinion(s) and order(s) resolving the pending motions to amend and dismiss the above captioned appeal.
42 07-20-2018 Withdrawal of Appearance of Forrest Smith and Certificate of Service
43 07-20-2018 Appellants Center for Coalfield Justice and Sierra Club's Response to Consol's Motion to Dismiss
44 07-24-2018 OPINION AND ORDER ON MOTION FOR LEAVE TO AMEND NOTICE OF APPEAL: Appellants' motion is granted.
45 08-06-2018 Department of Environmental Protection's Reply to Appellants' Response to Permittee, Consol Pennsylvania Coal Company, LLC's Motion to Dismiss; Certificate of Service
46 08-06-2018 Permittee Consol Pennsylvania Coal Company, LLC's Reply Memorandum in Support of Motion to Dismiss
47 09-05-2018 OPINION AND ORDER ON PERMITTEE'S MOTION TO DISMISS: It is ordered that the motion is denied.
48 10-01-2018 Joint Motion for Modification of Pre-hearing Order and ESI Plan
49 10-05-2018 ORDER MODIFYING THE PREHEARING ORDER AND ADOPTING THE PARTIES' ESI PLAN: Joint modification of Prehearing Order No. 1 and ESI Plan is granted...Discovery completed by November 28, 2018; dispositive motions by February 8, 2019.
50 11-28-2018 Appellants Center for Coalfield Justice and Sierra Club's Praecipe to Withdraw Appeal
51 11-28-2018 ORDER: Appeal withdrawn closed and discontinued.