| 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 FOLLOWING WITHDRAWAL |
|
| 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) |
|
| 173 |
09-24-2018 |
Appellants' Motion for Leave to Restrict Public Viewing |
|
| 174 |
09-24-2018 |
ORDER: Upon consideration of the Appellants' unopposed motion for leave to restrict public viewing of their response to Permittee's application for fees and costs, and any responses thereto, it is hereby ordered as follows: 1) Appellants' motion is granted. |
|
| 175 |
10-01-2018 |
Permittee Sunoco Pipeline L.P.'s Response to Appellants' Application for Fees and Costs |
|
| 176 |
10-01-2018 |
Appellants' Response to Permittee's Application for Costs and Fees. |
|
| 177 |
10-02-2018 |
Permittee Sunoco Pipeline L.P.'s Response to Appellants' Application for Fees and Costs. (courtesy copy - US mail) |
|
| 178 |
10-04-2018 |
ORDER: It is hereby ordered that the parties shall participate in a conference call at 10:00 a.m. on October 9, 2018 to discuss procedures moving forward on the pending applications for fees and costs. |
|
| 179 |
10-09-2018 |
ORDER: It is ordered: 1) Department may, on or before November 8, 2018, submit a brief pertaining to the pending applications for fees and costs addressing the issue of whether a party may recover fees from a permittee. 2) Appellants and Permittee may submit a response to the Department's brief on or before November 26, 2018. |
|
| 180 |
11-08-2018 |
NOTICE OF APPEARANCE: On behalf of [Department] Aviva H. Reinfeld, Southeast Region, Norristown. |
|
| 181 |
11-08-2018 |
Department of Environmental Protection's Brief on Permittee Liability Under Section 307(b) of The Clean Streams Law |
|
| 182 |
11-13-2018 |
Permittee's Request for Extension of Deadline to Respond to Department's Brief filed on November 8, 2018 and proposed Order |
|
| 183 |
11-13-2018 |
ORDER: It is ordered that the deadline for Appellants and Permittee to submit a response to the Department's brief on Permittee liability is hereby extended to November 28, 2018. |
|
| 184 |
11-28-2018 |
Permittee's Memorandum of Law in Response to Department's Brief on Permittee Liability Under Section 307(b) of the Clean Streams Law |
|
| 185 |
11-28-2018 |
Appellants' Brief in Response to DEP's Brief on Permittee Liability |
|
| 186 |
12-06-2018 |
Department of Environmental Protection's Request for Oral Argument |
|
| 187 |
12-21-2018 |
Permittee's Response to the Department's Request for Oral Argument |
|
| 188 |
12-21-2018 |
ORDER: It is hereby ordered that the Department's request for oral argument is granted. The Board will hear oral argument, en banc, at 12:30 p.m. on January 18, 2019 in Hearing Room 1 at the Board's Harrisburg offices. |
|
| 189 |
02-04-2019 |
Transcripts received: Original and condensed of Oral Argument held on January 18, 2019. (Geiger Loria Fillus McLucas Reporting LLC). |
|
| 190 |
02-19-2019 |
OPINION AND ORDER ON APPLICATION FOR COSTS AND FEES: It is ordered that the Appellants' and Permittee's applications for costs and fees are denied. (Chief Judge and Chairman Thomas W. Renwand files an Opinion Concurring in Part and Dissenting in Part which is attached). |
|
| 191 |
03-22-2019 |
Copy of Petition for Review filed on behalf of [Appellants] on March 20, 2019 in Commonwealth Court on Attorney Fees. |
|
| 192 |
03-22-2019 |
Copy of Petition for Review filed on behalf of [Appellants] on March 20, 2019 in Commonwealth Court on Attorney Fees. (scan) |
|
| 193 |
03-22-2019 |
Copy of Petition for Review filed on behalf of [Department] on March 21, 2019 in Commonwealth Court on Attorney Fees. |
|
| 194 |
03-22-2019 |
Copy of Petition for Review filed on behalf of [Department] on March 21, 2019 in Commonwealth Court on Attorney Fees. (scan) |
|
| 195 |
03-25-2019 |
NOTICE OF FILING PETITION FOR REVIEW: On behalf of the [Appellants] notice filed in Commonwealth Court on March 20, 2019. Certification due May 1, 2019. (Cmwlth. Ct. No. 309 CD 2019). |
|
| 196 |
03-27-2019 |
NOTICE OF FILING PETITION FOR REVIEW: On behalf of the [Department] notice filed in Commonwealth Court on March 21, 2019. Certification due May 6, 2019. (Cmwlth. Ct. No. 313 CD 2019). |
|
| 197 |
05-01-2019 |
CERTIFICATION OF RECORD TO THE PROTHONOTARY, COMMONWEALTH COURT OF PENNSYLVANIA: Pursuant to Pa.R.A.P. 1541, 1951, and 1952, the Environmental Hearing Board hereby certifies the enclosed to be the true and correct record of its proceedings in this matter. (Cmwlth. Ct. Nos. 309 CD 2019 and 313 CD 2019) |
|
| 198 |
05-01-2019 |
Time-Stamp copy of CERTIFICATION OF RECORD TO THE PROTHONOTARY, COMMONWEALTH COURT OF PENNSYLVANIA: Pursuant to Pa.R.A.P. 1541, 1951, and 1952, the Environmental Hearing Board hereby certifies the enclosed to be the true and correct record of its proceedings in this matter. (Cmwlth. Ct. Nos. 309 CD 2019 and 313 CD 2019) |
|
| 199 |
05-01-2019 |
NOTICE OF CONTENTS OF CERTIFIED RECORD. (Cmwlth. Ct. Nos. 309 C.D. 2019 and 313 C.D. 2019) |
|
| 200 |
02-23-2021 |
Copy of the Opinion (by Judge Wojcik) and Order from Cmwlth Ct. dated February 16, 2021: The Environmental Hearing Board's order is affirmed. (Cmwlth Ct. No. 313 CD 2019) |
|
| 201 |
03-18-2021 |
PETITION FOR ALLOWANCE OF APPEAL FILED WITH SUPREME COURT OF PENNSYLVANIA ON MARCH 18, 2021 |
|
| 202 |
10-05-2021 |
PETITION FOR ALLOWANCE OF APPEAL WITH PENNSYLVANIA SUPREME COURT MIDDLE DISTRICT:
GRANTED 131 MAL 2021 ON OCTOBER 5, 2021
DENIED 132 MAL 2021 ON OCTOBER 5, 2021
GRANTED 133 MAL 2021 ON OCTOBER 5, 2021 |
|
| 203 |
02-22-2023 |
ORDER FOR CONFERENCE CALL |
|
| 204 |
02-22-2023 |
Notice of Appearance |
|
| 205 |
02-23-2023 |
Praecipe for Withdrawal of Appearance of Neil S. Witkes for Permittee Sunoco Pipeline, L.P. |
|
| 206 |
02-23-2023 |
Praecipe for Withdrawal of Appearance of Jonathan E. Rinde for Permittee Sunoco Pipeline, L.P. |
|
| 207 |
02-24-2023 |
Withdrawal of Appearances of Gail Guenther, Joshua Ebersole, Aviva Reinfeld and Nels Taber for the Department of Environmental Protection |
|
| 208 |
02-24-2023 |
Withdrawal of Appearance of Aaron Joseph Stemplewicz |
|
| 209 |
02-28-2023 |
RECEIVED MAILED NOTICE FROM SUPREME COURT OF PA VACATING COMMONWEALTH COURT'S RULING AND REMANDING TO BOARD FOR FURTHER PROCEEDINGS ON 2/28/2023 |
|
| 210 |
02-28-2023 |
Notice of Appearance of Lauren E. Otero and Certificate of Service |
|
| 211 |
03-27-2023 |
ORDER SCHEDULING PROCEDURES ON THE PARTIES' APPLICATION FOR COSTS AND FEES |
|
| 212 |
03-27-2023 |
Withdrawal of appearance |
|
| 213 |
04-28-2023 |
Permittee Sunoco Pipeline L.P.'S Supplement to Application for Fees and Costs |
|
| 214 |
04-28-2023 |
Supplement to Appellants' Application for Fees and Costs |
|
| 215 |
05-05-2023 |
Notice of Appearance |
|
| 216 |
05-08-2023 |
Appellants' Objections to Permittee's Notice of Intent to Serve Subpoenas |
|
| 217 |
05-12-2023 |
Appellants' Motion to Strike Permittee's Supplement to Application for Fees and Costs |
|
| 218 |
05-30-2023 |
PERMITTEE SUNOCO PIPELINE L.P.'S RESPONSE IN OPPOSITION TO APPELLANTS' MOTION TO STRIKE PERMITTEE'S SUPPLEMENT TO APPLICATION FOR FEES AND COSTS |
|
| 219 |
05-31-2023 |
Entry of Appearance for George Jugovic, Jr. on behalf of the Commonwealth of Pennsylvania, Department of Environmental Protection; Certificate of Service |
|
| 220 |
05-31-2023 |
Department's Petition for Leave to File Legal Argument; Supplemental Brief on Remand; Certificate of Service |
|
| 221 |
05-31-2023 |
ORDER DENYING APPELLANTS' MOTION TO STRIKE |
|
| 222 |
05-31-2023 |
PERMITTEE SUNOCO PIPELINE L.P.'S RESPONSE IN OPPOSITION TO SUPPLEMENT TO APPELLANT'S APPLICATION FOR FEES AND COSTS |
|
| 223 |
05-31-2023 |
APPELLANTS' RESPONSE IN OPPOSITION TO PERMITTEE'S SUNOCO'S APPLICATION FOR FEES AND COSTS |
|
| 224 |
05-31-2023 |
CORRECTED COPY - PERMITTEE SUNOCO PIPELINE L.P.'S RESPONSE IN OPPOSITION TO SUPPLEMENT TO APPELLANT'S APPLICATION FOR FEES AND COSTS |
|
| 225 |
06-07-2023 |
Praecipe for Withdrawal of Appearance |
|
| 226 |
06-20-2023 |
ORDER GRANTING DEPARTMENT'S PETITION FOR LEAVE TO FILE LEGAL ARGUMENT |
|
| 227 |
06-29-2023 |
PERMITTEE SUNOCO PIPELINE L.P.'S MOTION TO COMPEL |
|
| 228 |
07-14-2023 |
Appellants' Response in Opposition to Sunoco's Motion to Compel |
|
| 229 |
07-20-2023 |
PERMITTEE SUNOCO PIPELINE L.P.'S MOTION FOR LEAVE TO FILE REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF MOTION TO COMPEL |
|
| 230 |
08-09-2023 |
OPINION AND ORDER ON MOTION TO COMPEL |
|
| 231 |
09-08-2023 |
Notice of Appearance |
|
