| 1 |
10-07-2014 |
Department's October 7, 2014 Complaint for Civil Penalty Assessments against EQT Production Company, in violations of the Clean Streams Law from Marcellus Shale drilling operations located in Duncan Township, Tioga County. |
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| 2 |
10-07-2014 |
Department's Complaint. |
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| 3 |
10-07-2014 |
NOTICE OF APPEARANCE filed on behalf of [Defendant] Kevin Garber, Esquire, Jean Mosites, Esquire and Mark Dausch, Esquire at Babst Calland Clements & Zomnir, as counsel for EQT Production Company. |
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| 4 |
10-07-2014 |
EQT Production Company Motion to Stay (e-filed only) |
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| 5 |
10-08-2014 |
PREHEARING ORDER NO. 1-CP: This matter is assigned to the Honorable Bernard A. Labuskes, Jr., for primary handling. |
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| 6 |
10-20-2014 |
EQT Production Company's Motion to Defer filing its answer to the complaint (e-file only) with proposed order |
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| 7 |
10-20-2014 |
Department's Response to Motion to Stay |
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| 8 |
10-21-2014 |
ORDER: It is ordered: 1) EQT Production Company's motion for a stay is denied. 2) EQT Production Company's motion to defer the deadline to answer the complaint is granted. EQT shall answer by November 20, 2014. |
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| 9 |
10-28-2014 |
OPINION IN SUPPORT OF ORDER DENYING MOTION FOR A STAY: A stay in our case is not warranted due to the pendency of EQT's declaratory judgment action in the Commonwealth Court. |
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| 10 |
11-18-2014 |
EQT Production Company's Answer to the Pennsylvania Department of Environmental Protection's Complaint for Civil Penalties (e-file only) |
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| 11 |
11-19-2014 |
PREHEARING ORDER NO. 2-CP: Discovery completed by May 18, 2015; dispositive motions filed by June 17, 2015. |
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| 12 |
11-26-2014 |
Verification |
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| 13 |
12-01-2014 |
DEPARTMENT'S ADDITIONAL ENTRY OF APPEARANCE: David M. Chuprinski and Anne Shapiro, Office of Chief Counsel, Northcentral Region, Williamsport. |
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| 14 |
02-25-2015 |
Joint Motion of the Department of Environmental Protection and EQT Production Company to Extend Discovery and Dispositive Motions Deadlines, with Proposed Order (e-file only) |
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| 15 |
02-26-2015 |
ORDER: It is ordered: All discovery is extended to September 28, 2015; dispositive motions extended to October 26, 2015. |
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| 16 |
04-02-2015 |
EQT Production Company's Motion for Protective Order (e-file only) with proposed Order |
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| 17 |
04-16-2015 |
DEP Memorandum in opposition to EQT motion for a protective order |
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| 18 |
04-22-2015 |
OPINION AND ORDER ON MOTION FOR PROTECTIVE ORDER: It is ordered that EQT's motion for protective order is granted. |
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| 19 |
07-13-2015 |
Defendant EQT Production Company's Motion for in camera review and to Compel Production of Documents (e file only ) Proposed Order attached |
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| 20 |
07-28-2015 |
DEP Response to EQT Motion for In Camera Review and to Compel Production of Documents |
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| 21 |
07-31-2015 |
EPC's Motion for Permission to File Reply Brief |
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| 22 |
08-03-2015 |
ORDER: Upon consideration of EQT's motion for permission to file a reply regarding its pending motion for in camera review and to compel the production of documents, it is ordered that the motion for permission to file a reply is denied. |
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| 23 |
08-13-2015 |
OPINION AND ORDER ON MOTION FOR IN CAMERA REVIEW AND TO COMPEL: It is ordered that EQT's motion for in camera review and to compel production of documents is denied. |
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| 24 |
09-01-2015 |
Joint Motion to Extend Discovery and Dispositive Motions |
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| 25 |
09-22-2015 |
PREHEARING ORDER NO. 2: It is ordered: ...2) Discovery completed by January 26, 2016. 3) Dispostive motions filed by February 26, 2016. 4) Hearing is scheduled for July 25, 2016 at 10:00 am, and continuing thereafter until completed at the Harrisburg offices of the EHB, 2nd floor, RCSOB, 400 Market Street, Harrisburg, PA. (Commonwealth Reporters) 5) Department's prehearing memos filed on or before June 7, 2016. 6) Defendant's prehearing memos filed by July 1, 2016. 7) Factual stipulation must be filed with the Board 5 days before the hearing date... 10) A prehearing conference call will be held on July 21, 2016 at 10:00 am. |
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| 26 |
01-05-2016 |
EQT's Motion for Expedited Consideration of Motion to Stay |
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| 27 |
01-05-2016 |
EQT Production Company's Motion to Stay |
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| 28 |
01-15-2016 |
Response to Motion for Expedited Consideration |
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| 29 |
01-15-2016 |
ORDER: It is hereby ordered that EQT's motion for expedited consideration of its motion to stay this matter is denied. |
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| 30 |
01-20-2016 |
Department's Response to EQT's Second Motion to Stay |
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| 31 |
01-20-2016 |
ORDER: EQT's motion to stay is denied. |
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| 32 |
01-25-2016 |
Joint Request for 60-day extension of discovery deadline |
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| 33 |
01-27-2016 |
ORDER: It is ordered: All discovery filed by March 28, 2016; Dispositive motions filed by April 26, 2016. |
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| 34 |
05-20-2016 |
Motion to Compel Discovery |
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| 35 |
05-20-2016 |
Memorandum of Law in Support of Motion to Compel |
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| 36 |
06-06-2016 |
Letter request for extension of time to file pre-hearing memoranda |
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| 37 |
06-06-2016 |
ORDER: 1) Department's prehearing memos by June 10, 2016. 2) Defendant's prehearing memos by July 6, 2016. |
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| 38 |
06-06-2016 |
EPC Response to Motion to Compel Discovery |
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| 39 |
06-09-2016 |
OPINION AND ORDER ON MOTION TO COMPEL: It is ordered that the Department's motion to compel discovery is denied as untimely. |
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| 40 |
06-10-2016 |
Department's Exhibits to Pre-Hearing Memorandum (hand delivered/CD + Duplicate CD) |
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| 41 |
06-10-2016 |
Department's Pre-Hearing Memorandum |
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| 42 |
06-17-2016 |
ORDER: The parties shall participate in a site view on Friday, July 22, 2016 at 11:00 a.m. |
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| 43 |
06-22-2016 |
Parties' Request for Site View July 15, 2016 |
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| 44 |
06-23-2016 |
Final Joe Adams Expert Report (Note footnote 1) |
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| 45 |
06-28-2016 |
NOTICE OF APPEARANCE: On behalf of the [Department] Mary Martha Truschel, Esquire, Southwest Region, Pittsburgh, Pa. |
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| 46 |
06-30-2016 |
Letter Regarding Department's Pre-hearing Memorandum |
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| 47 |
07-01-2016 |
Letter to the Hon. Bernard A. Labuskes, Jr. with regard to Settlement; Certificate of Service |
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| 48 |
07-05-2016 |
EQT Production Company's Pre-Hearing Memorandum (exhibits are submitted by disc mailed separately via Federal Express) |
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| 49 |
07-06-2016 |
EQT Production Company's Pre-Hearing Memorandum (Hard) |
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| 50 |
07-06-2016 |
EPC's Pre-Hearing Memorandum Exhibits EPC-1 through EPC 138 (CD) |
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| 51 |
07-08-2016 |
Response to DEP letter to Hon. Bernard A. Labuskes, Jr. re settlement |
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| 52 |
07-08-2016 |
NOTICE OF APPEARANCE: On behalf of the [Defendant] Esther S. Mignanelli, Esquire, Babst, Calland, Clements and Zomnir, P.C., Pittsburgh |
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| 53 |
07-11-2016 |
ORDER: The site view previously scheduled for July 22, 2016 shall now commence at 11:00 a.m. on July 15, 2016. |
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| 54 |
07-11-2016 |
EPC's Motion in Limine, Memorandum of Law in Support of Motion in Limine, Exhibits and Proposed Order |
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| 55 |
07-13-2016 |
DEP's Answer to EQT's Motion in Limine, Memorandum of Law in Opposition, proposed Order, and Certificate of Service. |
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| 56 |
07-13-2016 |
DEP's Attachment to its Answer and Memorandum of Law in Opposition to EQT's Motion in Limine and Certificate of Service. |
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| 57 |
07-18-2016 |
ORDER: The prehearing conference previously scheduled to be conducted by telephone on July 21, 2016 is cancelled. |
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| 58 |
07-21-2016 |
OPINION AND ORDER ON MOTION IN LIMINE: It is ordered that EQT's motion in limine is granted in part and denied in part. |
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| 59 |
07-22-2016 |
NOTICE OF APPEARANCE: On behalf of the [Department] Katherine M. Knickelbein, Northwest Region, Meadville. |
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| 60 |
07-25-2016 |
EQT's Hearing Exhibits - Volumes 1 thru 3. (Presented at hearing) |
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| 61 |
07-25-2016 |
Department's Hearing Exhibits - 7 binders. (Presented at hearing) |
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| 62 |
07-26-2016 |
The Department and EQT Production Company's Statement of Facts to Which the Parties' Agree |
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| 63 |
07-26-2016 |
The Department and EQT Production Company's Joint Stipulated Exhibits |
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| 64 |
08-09-2016 |
Transcripts received: Original and condensed of hearing held on July 25, 2016 in Harrisburg. (Commonwealth Reporting Co. Inc.) |
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| 65 |
08-12-2016 |
Transcripts received: Original and condensed of hearing held on July 26, 2016 in Harrisburg. (Commonwealth Reporting Co. Inc.) |
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| 66 |
08-22-2016 |
Transcripts received: Original and condensed of hearing held on July 27 and 28, 2016 in Harrisburg. (Commonwealth Reporting Co. Inc.) |
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| 67 |
08-23-2016 |
Transcripts received: Original and condensed of hearing held on July 29, 2016 in Harrisburg. (Commonwealth Reporting Co. Inc.) |
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| 68 |
08-30-2016 |
Transcripts received: Original and condensed of hearing held on August 1 and 2, 2016 in Harrisburg. (Commonwealth Reporting Co. Inc.) |
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| 69 |
09-02-2016 |
Transcripts received: Original and condensed of hearing held on August 3, 2016 in Harrisburg. (Commonwealth Reporting Co. Inc.) |
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| 70 |
09-07-2016 |
Transcripts received: Original and condensed of hearing held on August 4 and 5, 2016 in Harrisburg. (Commonwealth Reporting Co. Inc.) |
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| 71 |
09-07-2016 |
ORDER: 1) The Department shall file its post-hearing brief by November 7, 2016; 2) The Defendant shall file its post-hearing brief by January 6, 2017; and 3) Any reply brief shall be filed by January 23, 2017. |
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| 72 |
09-15-2016 |
Motion for Sanctions |
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| 73 |
09-29-2016 |
EQT Production Company's Response to the Department's Motion for Sanctions |
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| 74 |
09-30-2016 |
ORDER: The Department's motion for sanctions is denied. |
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| 75 |
11-07-2016 |
The Department of Environmental Protection's Post-Hearing Brief, Exhibits A, B, and C, and Certificate of Service. |
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| 76 |
01-06-2017 |
EQT's Post-Hearing Memorandum. |
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| 77 |
01-10-2017 |
EQT's Post-Hearing Memorandum. (two copies - bound) |
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| 78 |
01-18-2017 |
EPC's Motion to Submit Supplemental Briefing Concerning the Commonwealth Court's Decision |
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| 79 |
01-18-2017 |
Response to Motion to Submit Supplemental Briefing |
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| 80 |
01-20-2017 |
ORDER: It is hereby ordered that EQT Production Company's motion to submit supplemental briefing is granted. The parties may file supplemental briefs on or before February 3, 2017. The briefs may include argument on what binding effect the Commonwealth Court's Order in EQT Production Company v. Department of Environmental Protection, No. 485 M.D. 2014 (Pa. Cmwlth. Jan. 11, 2017), has on this Board's adjudication of the Department's complaint. |
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| 81 |
01-23-2017 |
Department's Request for Extension of Time to File Supplemental Brief, Proposed Order, and Certificate of Service |
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| 82 |
01-23-2017 |
Department's Reply Brief and Certificate of Service |
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| 83 |
01-24-2017 |
EPC's Response to DEP's Motion for Extension of Time to File Brief Concerning Commonwealth Court Decision |
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| 84 |
01-24-2017 |
ORDER: It is ordered that both parties may file their supplemental briefs on or before February 23, 2017 instead of February 3, 2017. |
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| 85 |
01-27-2017 |
Defendant's Motion for Leave to File a Sur-Reply |
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| 86 |
01-27-2017 |
Department's Opposition to EQT's Motion for Leave to File a Sur-Reply Brief; Certificate of Service. |
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| 87 |
01-31-2017 |
ORDER: EQT may file a sur-reply brief not to exceed five pages on or before February 7, 2017. The Department may file a sur-reply brief not to exceed five pages on or before February 14, 2017. |
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| 88 |
02-07-2017 |
EPC's Sur-Reply to Department's Post-Hearing Reply Brief |
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| 89 |
02-14-2017 |
DEP Sur-reply brief |
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| 90 |
02-23-2017 |
Department of Environmental Protection's Memorandum of Law Concerning the Impact of the Commonwealth Court's Decision in a Related Matter; Exhibit A; and Certificate of Service. |
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| 91 |
02-23-2017 |
EPC Supplemental Brief, with Exhibits |
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| 92 |
05-26-2017 |
ADJUDICATION: EQT Production Company is assessed a civil penalty of $1,137,295.76. (Opinion of Judge Beckman concurring in part and dissenting in part included.) |
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| 93 |
05-26-2017 |
ADJUDICATION: EQT Production Company is assessed a civil penalty of $1,137,295.76. (Opinion of Judge Beckman concurring in part and dissenting in part included.) |
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| 94 |
06-26-2017 |
Copy of Petitioner EQT's "Petition for Review" filed in Commonwealth Court on June 22, 2017. |
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| 95 |
06-26-2017 |
Department's Petition for Review in Commonwealth Court and Certificate of Service |
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| 96 |
07-03-2017 |
Notice of Petition for Review [on behalf of EQT Production Co.] filed in Commonwealth Court on June 22, 2017. Notice dated June 30, 2017. Certification due on August 9, 2017. (Cmwlth Ct. No. 844 CD 2017) |
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| 97 |
07-06-2017 |
Notice of Petition for Review [on behalf of Department] filed in Commonwealth Court on June 26, 2017. Notice dated July 5, 2017. Certification due on August 14, 2017. (Cmwlth Ct. No. 852 CD 2017) |
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| 98 |
08-04-2017 |
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. Nos. 844 CD 2017 and 852 CD 2017) |
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| 99 |
08-04-2017 |
Time-Stamped copy 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. Nos. 844 CD 2017 and 852 CD 2017) |
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| 100 |
08-04-2017 |
NOTICE OF CONTENTS OF CERTIFIED RECORD |
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| 101 |
09-11-2018 |
Copy of the Opinion (by Judge Brobson) and Order from Cmwlth Ct. dated September 10, 2018: The May 26, 2017 Adjudication of the Pennsylvania Environmental Hearing Board is affirmed. (Cmwlth Ct. No. 844 CD 2017) |
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| 102 |
10-29-2018 |
Files returned from Commonwealth Court. |
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| 103 |
11-05-2019 |
Records transferred to Record Center: EHB Box #1337 - Record Center Box #838666. (main files/cmwlth. ct. files/transcripts) |
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| 104 |
11-05-2019 |
Records transferred to Record Center: EHB Box #1338 - Record Center Box #838667. (DEP exhibits 1-172). |
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| 105 |
11-05-2019 |
Records transferred to Record Center: EHB Box #1339 - Record Center Box #838668. (DEP exhibits 173-447 and 449). |
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| 106 |
11-05-2019 |
Records transferred to Record Center: EHB Box #1340 - Record Center Box #838669. (EQT exhibits 1-102.15). |
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| 107 |
11-05-2019 |
Records transferred to Record Center: EHB Box #1341 - Record Center Box #838670. (EQT Exhibits 103-140 & 10.1A, 25.1, 28.1, 31, 32, 41.5, 41.7, 41.8 & 57.1) |
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