| 1 |
02-23-2017 |
Appeal of Stephen and Ellen Gerhart concerning February 13, 2017 Erosion & Sedimentation and Wetlands permits issued to Permittee, Sunoco Pipeline L.P. |
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| 2 |
02-27-2017 |
PREHEARING ORDER NO. 1: Discovery completed by August 28, 2017; joint statement regarding settlement conference April 18, 2017; dispositive motions filed by September 25, 2017. |
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| 3 |
03-06-2017 |
NOTICE OF APPEARANCE: On behalf of the [Permittee] Terry R. Bossert, Esquire. |
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| 4 |
03-06-2017 |
NOTICE OF APPEARANCE: On behalf of the [Permittee] Robert D. Fox, Esquire. |
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| 5 |
03-06-2017 |
NOTICE OF APPEARANCE: On behalf of the [Permittee] Neil S. Witkes, Esquire. |
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| 6 |
03-06-2017 |
NOTICE OF APPEARANCE: On behalf of the [Permittee] Jonathan E. Rinde, Esquire. |
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| 7 |
03-06-2017 |
NOTICE OF APPEARANCE: On behalf of the [Permittee] Diana A. Silva, Esquire. |
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| 8 |
03-07-2017 |
NOTICE OF APPEARANCE: On behalf of [Permittee] George J. Kroculick, Esquire. |
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| 9 |
03-07-2017 |
NOTICE OF APPEARNCE: On behalf of [Permittee] Meredith E. Carpenter, Esquire. |
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| 10 |
03-07-2017 |
WITHDRAWAL OF APPEARANCE: On behalf of [Permittee] George Kroculick, Esquire. |
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| 11 |
03-07-2017 |
WITHDRAWAL OF APPEARANCE: On behalf of [Permittee] Meredith Carpenter, Esquire. |
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| 12 |
03-17-2017 |
NOTICE OF APPEARANCES: On behalf of the [Department] Curtis Sullivan, Esquire and Janna Williams, Esquire, Southcentral Region, Harrisburg. |
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| 13 |
04-12-2017 |
Joint Statement Regarding Settlement Conference |
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| 14 |
04-19-2017 |
Motion to Modify Scheduling Order #1 by Appellants, Stephen and Ellen Gerhart |
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| 15 |
05-04-2017 |
Department Letter In Response to Appellants' Motion to Modify Scheduling Order # 1 |
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| 16 |
05-05-2017 |
Sunoco Pipeline L.P. letter responding to Motion to Modify Schedule |
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| 17 |
05-08-2017 |
ORDER: Appellants' motion to modify Scheduling Order #1 is denied. |
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| 18 |
05-22-2017 |
NOTICE OF APPEARANCE: On behalf of [Sunoco] Aaron S. Mapes, Esquire, Post & Schell, PC, Philadelphia, Pa. |
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| 19 |
08-01-2017 |
Plan Concerning the Discovery of Electronically Stored Information |
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| 20 |
08-01-2017 |
ORDER: The Plan Concerning the Discovery of Electronically Stored Information (Electronic Discovery Plan) is approved as the Electronic Discovery Plan for this case and all parties shall comply with its provisions. |
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| 21 |
08-30-2017 |
Joint Request for Extension |
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| 22 |
08-30-2017 |
ORDER: It is ordered: All discovery in this matter shall be completed on or before October 27, 2017; All dispositive motions shall be filed on or before November 28, 2017. |
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| 23 |
10-10-2017 |
Joint Request for Extension |
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| 24 |
10-10-2017 |
ORDER: All discovery in this matter shall be completed on or before December 22, 2017; All dispositive motions shall be filed on or before January 26, 2018. |
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| 25 |
01-23-2018 |
Joint request for extension of deadlines for the submission of expert reports/dispositive motions. |
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| 26 |
01-23-2018 |
ORDER: It is ordered: 1) Appellants, shall produce their expert reports, if any, on or before February 12, 2018. 2) Department and Permittee shall produce their expert reports, if any, on or before March 14, 2018. 3) All dispositive motions shall be filed on or before April 13, 2018. |
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| 27 |
04-26-2018 |
PREHEARING ORDER NO. 2: Hearing is scheduled for August 29,2018 at 9:30 a.m., EHB, Harrisburg offices, Second Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg 1) Appellant's Prehearing Memorandum filed on or before July 18, 2018. 2) Department and Permittee's Prehearing Memoranda filed on or before August 8, 2018; 3) The factual stipulation must be filed 5 days before the hearing date...; 6) A prehearing conference call will be held on August 23, 2018 at 10:00 am. |
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| 28 |
07-18-2018 |
Pre-Hearing Memorandum of Appellants, Stephen and Ellen Gerhart, and Exhibits 1-31. |
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| 29 |
08-08-2018 |
Permittee Sunoco Pipeline, L.P.'s Pre-Hearing Memorandum |
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| 30 |
08-08-2018 |
The Department's Pre-Hearing Memorandum, Expert Reports, and Certificate of Service |
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| 31 |
08-09-2018 |
Corrected Exhibit A to Permittee Sunoco Pipeline L.P.'s Pre-Hearing Memorandum. |
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| 32 |
08-09-2018 |
Department's Amended Exhibit List for Pre-Hearing Memorandum |
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| 33 |
08-09-2018 |
Permittee Sunoco Pipeline, L.P.'s Pre-Hearing Memorandum (along with flash drive of exhibits). (hard) |
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| 34 |
08-09-2018 |
Department's Pre-Hearing Memorandum "exhibits" (flash drive). |
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| 35 |
08-17-2018 |
Stipulation of Waiver of Certain Allegations Set Forth in Appellants' Notice of Appeal |
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| 36 |
08-21-2018 |
Appellant's Prehearing Memorandum Exhibits (flash drive). |
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| 37 |
08-23-2018 |
Factual Stipulations |
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| 38 |
08-23-2018 |
Joint Exhibit List |
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| 39 |
08-23-2018 |
Permittee Sunoco Pipeline L.P.'s First Updated Exhibit List |
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| 40 |
08-24-2018 |
Proposed Order and Cover Letter Concerning Appearance of Ellen Gerhart at scheduled August 29, 2018 Hearing |
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| 41 |
08-24-2018 |
ORDER: It is hereby ordered that the Pennsylvania Environmental Hearing Board ("Board") has no authority to issue an Order of Habeas Corpus to compel the attendance of Ellen Gerhart, Appellant, to appear before the Board. |
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| 42 |
08-24-2018 |
ORDER: The hearing previously scheduled to begin on August 29, 2018 is postponed pending further order of the Board. Counsel for Appellants shall promptly inform the Board and other parties when Ms. Gerhart is released from custody. The parties shall then propose new dates for the hearing. |
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| 43 |
10-12-2018 |
Praecipe of Notice to Board Concerning Availability of Appellant |
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| 44 |
10-17-2018 |
ORDER: It is hereby ordered that the hearing in this matter shall begin at 9:30 a.m. on February 19, 2019 and continue thereafter until completed at the Harrisburg offices of the Board. |
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| 45 |
02-15-2019 |
The Department's Amended Exhibit List |
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| 46 |
02-15-2019 |
Permittee Sunoco Pipeline L.P.'s Second Updated Exhibit List and Corrected Exhibit S-1 |
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| 47 |
02-15-2019 |
Permittee Sunoco Pipeline L.P.'s First Updated Fact Witness List and Proposed Order of Witnesses |
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| 48 |
02-19-2019 |
Parties' Joint Exhibits presented at hearing. (1 binder) |
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| 49 |
02-19-2019 |
Appellants' Exhibits presented at hearing. |
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| 50 |
02-19-2019 |
Department's Exhibits presented at hearing. |
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| 51 |
02-19-2019 |
Permittee's Exhibits presented at hearing. |
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| 52 |
02-25-2019 |
ORDER: It is hereby ordered that the hearing on the merits in this matter shall continue at 9:30 a.m. on March 25, 2019, March 27, 2019, and March 29, 2019 at the Harrisburg offices of the Board. |
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| 53 |
02-26-2019 |
ORDER: It is hereby ordered that the hearing on the merits previously scheduled to continue on March 29, 2019 shall instead continue on March 28, 2019. The hearing dates of March 25, 2019 and March 27, 2019 remain unchanged. |
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| 54 |
03-05-2019 |
Transcripts received: Original and condensed of hearings held on February 19, 2019 and February 21, 2019 in Harrisburg. (Geiger Loria Fillus McLucas Reporting LLC). |
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| 55 |
03-18-2019 |
Transcripts received: Original and condensed of hearing held on February 22, 2019 in Harrisburg. (Geiger Loria Fillus McLucas Reporting LLC). |
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| 56 |
03-28-2019 |
ORDER: The Board will conduct a site view with the parties in this matter beginning at 10:00 a.m. on May 6, 2019. |
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| 57 |
04-09-2019 |
Transcripts received: Original and condensed of hearing held on March 25, 2019 in Harrisburg. (Geiger Loria Fillus McLucas Reporting LLC). |
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| 58 |
04-18-2019 |
Department of Environmental Protection's and Sunoco Pipeline L.P.'s Joint Motion regarding May 6, 2019 Site Visit Protocol |
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| 59 |
04-23-2019 |
Transcripts received: Original and condensed of hearing held on March 27, 2019 in Harrisburg. (Geiger Loria Fillus McLucas Reporting LLC). |
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| 60 |
04-23-2019 |
ORDER: The Board having received the transcripts of the hearing on the merits in this matter, it is hereby ordered that: 1) The Appellants shall file their post-hearing briefs on or before May 23, 2019;
2) The Department and Permittee shall file its post-hearing brief on or before June 24, 2019; and 3) The Appellants' reply brief shall be filed on or before July 9, 2019. |
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| 61 |
04-26-2019 |
Response to Joint Motion concerning May 6, 2019 Site Visit |
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| 62 |
04-29-2019 |
ORDER: It is ordered...the site view previously scheduled to be held on May 6, 2019 is cancelled. The Department and Permittee’s joint motion regarding site view protocol is moot. |
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| 63 |
05-24-2019 |
Appellant's Post-Hearing Brief |
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| 64 |
06-13-2019 |
ORDER: It is hereby ordered that, following a conference call with the parties, the site visit previously scheduled for May 6, 2019 shall instead begin at 11:00 a.m. on June 17, 2019. |
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| 65 |
06-18-2019 |
Request for Extension of Time |
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| 66 |
06-19-2019 |
ORDER: It is hereby ordered as follows: 1) The Department and Permittee shall file their post-hearing briefs on or before June 26, 2019.
2) The Appellants shall file their reply brief on or before July 11, 2019. |
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| 67 |
06-26-2019 |
Permittee Sunoco Pipeline L.P.'s Post Hearing Brief |
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| 68 |
06-26-2019 |
The Department's Post-Hearing Brief |
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| 69 |
07-11-2019 |
Appellants' Post Hearing Reply Brief to Department's and Permittee's Post Hearing Brief. |
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| 70 |
07-18-2019 |
Sunoco Pipeline L.P.'s Motion to Strike Portions of Appellant's Post-Hearing Reply Brief |
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| 71 |
07-19-2019 |
Withdrawal of Sunoco Pipeline L.P.'s Motion to Strike Portions of Appellants' Reply Brief. |
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| 72 |
07-19-2019 |
Sunoco Pipeline L.P.'s Amended Motion to Strike Portions of Appellants' Post-hearing Reply Brief. |
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| 73 |
08-12-2019 |
Answer to Motion to Strike Portions of Appellants' Post Hearing Brief |
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| 74 |
09-25-2019 |
ADJUDICATION: in accordance with the preceding Adjudication, it is hereby ordered that this appeal is sustained in part. It is further ordered as follows: 1. Wetland L24/25 is a palustrine forested (PFO) wetland; and 2. Permit No. ESG0300015002, Permit No. E31-234, and Sunoco Pipeline L.P.'s restoration and replanting plans are hereby modified to provide and require that Wetland L24/25 must be restored as a PFO wetland. |
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| 75 |
10-02-2019 |
Request for Leave to File Documents Under Seal |
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| 76 |
10-04-2019 |
ORDER: It is hereby ordered that the Department and Permittee shall file their responses to the Appellants' request to file documents under seal on or before October 9, 2019. |
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| 77 |
10-09-2019 |
Permittee's response to Appellants' request for leave to file documents under seal |
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| 78 |
10-09-2019 |
The Department's Response to Appellants' Request for Leave to File Documents Under Seal |
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| 79 |
10-10-2019 |
ORDER: Upon consideration of the Appellants' request for leave to file documents under seal to which the Permittee has expressed no objection, and the Department's response in opposition thereto, it is hereby ordered that the Appellants' request is granted. The Appellants may file documents under seal in connection with their application for costs and fees. |
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| 80 |
10-25-2019 |
Appellant's Fee Petition |
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| 81 |
11-14-2019 |
Joint Request for Extension of Time |
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| 82 |
11-14-2019 |
ORDER: It is ordered: The Department and Permittee shall file their responses to Appellants' Application for Fees on or before December 9, 2019. |
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| 83 |
12-06-2019 |
NOTICE OF APPEARANCE: On behalf of [Permittee] Mica T. Iddings, Esquire, Post & Schell, PC, Philadelphia, Pa. |
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| 84 |
12-09-2019 |
Permittee Sunoco Pipeline L.P.'s Response To Appellants' Application for Costs and Fees |
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| 85 |
12-09-2019 |
The Department's Response to Appellants' Fee Application |
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| 86 |
12-11-2019 |
ORDER: It is hereby ordered that the parties shall participate in a conference call at 12:00 p.m. on December 18, 2019 to discuss the procedures moving forward on the Appellants' pending application for costs and fees. |
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| 87 |
01-07-2020 |
OPINION AND ORDER ON APPELLANTS' APPLICATION FOR COSTS AND FEES: We hereby order the Department to pay the Gerharts, care of Attorney Richard Raiders, Esquire, $13,135.77. |
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| 88 |
02-11-2020 |
Withdrawal of Appearance |
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| 89 |
02-12-2020 |
Copy of the Department's Petition for review filed in Commonwealth Court on February 6, 2020. (Cmwlth. Ct. No. 107 CD 2020) (hard copy) |
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| 90 |
02-13-2020 |
Copy of "Notice of Filing Petition for Review" on behalf of the Department filed in Commonwealth Court on February 6, 2020. Notice dated February 10, 2020. Certification due March 23, 2020. (Cmwlth. Ct. No. 107 CD 2020) |
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| 91 |
03-19-2020 |
The Department's Application for Stay Pending Appeal of the Board's January 7, 2020 Opinion and Order |
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| 92 |
03-23-2020 |
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. No. 107 CD 2020) (Electronically filed) |
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| 93 |
03-23-2020 |
NOTICE OF CONTENTS OF CERTIFIED RECORD |
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| 94 |
03-23-2020 |
Letter from Permittee Sunoco Pipeline L.P. to Judge Labuskes re Department Application for Stay |
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| 95 |
03-24-2020 |
Answer of Stephen and Ellen Gerhart to Department's Request for Stay of Fee Award Order and Opinion |
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| 96 |
03-24-2020 |
ORDER: It is ordered...the Department's application for stay is denied. |
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| 97 |
06-17-2020 |
CERTIFICATION OF SUPPLEMENTAL RECORD TO THE PROTHONOTARY, COMMONWEALTH COURT OF PENNSYLVANIA: Pursuant to Pa.R.A.P. Nos. 1541, 1951 and 1952, EHB hereby submits and certifies the enclosed supplement to the true and correct record of its proceedings in this matter previously transmitted to the Commonwealth Court on March 23, 2020. (Cmwlth. Ct. No. 107 C.D. 2020) (Time-stamped hard copy) |
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| 98 |
06-17-2020 |
NOTICE OF CONTENTS OF SUPPLEMENTAL CERTIFIED RECORD |
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| 99 |
02-26-2021 |
Copy of the Opinion (by Judge Wojcik) and Order from Cmwlth Ct. dated February 16, 2021: The Environmental Hearing Board's order dated January 7, 2020, is affirmed. (Cmwlth Ct. No. 107 CD 2020) |
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| 100 |
10-05-2021 |
PETITION FOR ALLOWANCE OF APPEAL WITH PENNSYLVANIA SUPREME COURT MIDDLE DISTRICT GRANTED ON OCTOBER 5, 2021 133 MAL 2021 (74 MAP 2021) |
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| 101 |
02-22-2023 |
ORDER FOR CONFERENCE CALL |
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| 102 |
02-23-2023 |
Praecipe for Withdrawal of Appearance of Neil S. Witkes for Permittee Sunoco Pipeline, L.P. |
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| 103 |
02-23-2023 |
Praecipe for Withdrawal of Appearance of Jonathan E. Rinde for Permittee Sunoco Pipeline, L.P. |
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| 104 |
02-24-2023 |
Withdrawal of Appearance of Janna Williams for the Department of Environmental Protection |
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| 105 |
05-12-2023 |
Notice of Settlement and Request to Mark Case Settled |
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| 106 |
05-30-2023 |
Answer to Department's Motion to Mark Case Settled Without Any Settlement Agreement of Record |
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| 107 |
05-30-2023 |
ORDER DENYING REQUEST TO MARK CASE SETTLED |
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| 108 |
06-29-2023 |
Permittee Sunoco Pipeline L.P.'s Letter Regarding Request for Conference Call |
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| 109 |
06-30-2023 |
RULE TO SHOW CAUSE |
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| 110 |
07-17-2023 |
Answer to Rule to Show Cause Dated June 30, 2023 |
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| 111 |
07-17-2023 |
THE DEPARTMENT'S AND PERMITTEE'S JOINT RESPONSE TO RULE TO SHOW CAUSE |
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| 112 |
07-28-2023 |
OPINION AND ORDER ON RULE TO SHOW CAUSE |
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| 113 |
08-29-2023 |
APPEAL CLOSED |
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