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CASE INFORMATION
Case Number: 2017013
Appellant #1: STEPHEN GERHART
Appellant #2: ELLEN GERHART

VIEW CASE INFORMATION FOR THIS CASE

ACTIVE CASE

# Filing Date Description Documents (?)
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.
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.
3 03-06-2017 NOTICE OF APPEARANCE: On behalf of the [Permittee] Terry R. Bossert, Esquire.
4 03-06-2017 NOTICE OF APPEARANCE: On behalf of the [Permittee] Robert D. Fox, Esquire.
5 03-06-2017 NOTICE OF APPEARANCE: On behalf of the [Permittee] Neil S. Witkes, Esquire.
6 03-06-2017 NOTICE OF APPEARANCE: On behalf of the [Permittee] Jonathan E. Rinde, Esquire.
7 03-06-2017 NOTICE OF APPEARANCE: On behalf of the [Permittee] Diana A. Silva, Esquire.
8 03-07-2017 NOTICE OF APPEARANCE: On behalf of [Permittee] George J. Kroculick, Esquire.
9 03-07-2017 NOTICE OF APPEARNCE: On behalf of [Permittee] Meredith E. Carpenter, Esquire.
10 03-07-2017 WITHDRAWAL OF APPEARANCE: On behalf of [Permittee] George Kroculick, Esquire.
11 03-07-2017 WITHDRAWAL OF APPEARANCE: On behalf of [Permittee] Meredith Carpenter, Esquire.
12 03-17-2017 NOTICE OF APPEARANCES: On behalf of the [Department] Curtis Sullivan, Esquire and Janna Williams, Esquire, Southcentral Region, Harrisburg.
13 04-12-2017 Joint Statement Regarding Settlement Conference
14 04-19-2017 Motion to Modify Scheduling Order #1 by Appellants, Stephen and Ellen Gerhart
15 05-04-2017 Department Letter In Response to Appellants' Motion to Modify Scheduling Order # 1
16 05-05-2017 Sunoco Pipeline L.P. letter responding to Motion to Modify Schedule
17 05-08-2017 ORDER: Appellants' motion to modify Scheduling Order #1 is denied.
18 05-22-2017 NOTICE OF APPEARANCE: On behalf of [Sunoco] Aaron S. Mapes, Esquire, Post & Schell, PC, Philadelphia, Pa.
19 08-01-2017 Plan Concerning the Discovery of Electronically Stored Information
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.
21 08-30-2017 Joint Request for Extension
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.
23 10-10-2017 Joint Request for Extension
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.
25 01-23-2018 Joint request for extension of deadlines for the submission of expert reports/dispositive motions.
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.
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.
28 07-18-2018 Pre-Hearing Memorandum of Appellants, Stephen and Ellen Gerhart, and Exhibits 1-31.
29 08-08-2018 Permittee Sunoco Pipeline, L.P.'s Pre-Hearing Memorandum
30 08-08-2018 The Department's Pre-Hearing Memorandum, Expert Reports, and Certificate of Service
31 08-09-2018 Corrected Exhibit A to Permittee Sunoco Pipeline L.P.'s Pre-Hearing Memorandum.
32 08-09-2018 Department's Amended Exhibit List for Pre-Hearing Memorandum
33 08-09-2018 Permittee Sunoco Pipeline, L.P.'s Pre-Hearing Memorandum (along with flash drive of exhibits). (hard)
34 08-09-2018 Department's Pre-Hearing Memorandum "exhibits" (flash drive).
35 08-17-2018 Stipulation of Waiver of Certain Allegations Set Forth in Appellants' Notice of Appeal
36 08-21-2018 Appellant's Prehearing Memorandum Exhibits (flash drive).
37 08-23-2018 Factual Stipulations
38 08-23-2018 Joint Exhibit List
39 08-23-2018 Permittee Sunoco Pipeline L.P.'s First Updated Exhibit List
40 08-24-2018 Proposed Order and Cover Letter Concerning Appearance of Ellen Gerhart at scheduled August 29, 2018 Hearing
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.
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.
43 10-12-2018 Praecipe of Notice to Board Concerning Availability of Appellant
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.
45 02-15-2019 The Department's Amended Exhibit List
46 02-15-2019 Permittee Sunoco Pipeline L.P.'s Second Updated Exhibit List and Corrected Exhibit S-1
47 02-15-2019 Permittee Sunoco Pipeline L.P.'s First Updated Fact Witness List and Proposed Order of Witnesses
48 02-19-2019 Parties' Joint Exhibits presented at hearing. (1 binder)
49 02-19-2019 Appellants' Exhibits presented at hearing.
50 02-19-2019 Department's Exhibits presented at hearing.
51 02-19-2019 Permittee's Exhibits presented at hearing.
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.
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.
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).
55 03-18-2019 Transcripts received: Original and condensed of hearing held on February 22, 2019 in Harrisburg. (Geiger Loria Fillus McLucas Reporting LLC).
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.
57 04-09-2019 Transcripts received: Original and condensed of hearing held on March 25, 2019 in Harrisburg. (Geiger Loria Fillus McLucas Reporting LLC).
58 04-18-2019 Department of Environmental Protection's and Sunoco Pipeline L.P.'s Joint Motion regarding May 6, 2019 Site Visit Protocol
59 04-23-2019 Transcripts received: Original and condensed of hearing held on March 27, 2019 in Harrisburg. (Geiger Loria Fillus McLucas Reporting LLC).
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.
61 04-26-2019 Response to Joint Motion concerning May 6, 2019 Site Visit
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.
63 05-24-2019 Appellant's Post-Hearing Brief
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.
65 06-18-2019 Request for Extension of Time
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.
67 06-26-2019 Permittee Sunoco Pipeline L.P.'s Post Hearing Brief
68 06-26-2019 The Department's Post-Hearing Brief
69 07-11-2019 Appellants' Post Hearing Reply Brief to Department's and Permittee's Post Hearing Brief.
70 07-18-2019 Sunoco Pipeline L.P.'s Motion to Strike Portions of Appellant's Post-Hearing Reply Brief
71 07-19-2019 Withdrawal of Sunoco Pipeline L.P.'s Motion to Strike Portions of Appellants' Reply Brief.
72 07-19-2019 Sunoco Pipeline L.P.'s Amended Motion to Strike Portions of Appellants' Post-hearing Reply Brief.
73 08-12-2019 Answer to Motion to Strike Portions of Appellants' Post Hearing Brief
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.
75 10-02-2019 Request for Leave to File Documents Under Seal
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.
77 10-09-2019 Permittee's response to Appellants' request for leave to file documents under seal
78 10-09-2019 The Department's Response to Appellants' Request for Leave to File Documents Under Seal
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.
80 10-25-2019 Appellant's Fee Petition
81 11-14-2019 Joint Request for Extension of Time
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.
83 12-06-2019 NOTICE OF APPEARANCE: On behalf of [Permittee] Mica T. Iddings, Esquire, Post & Schell, PC, Philadelphia, Pa.
84 12-09-2019 Permittee Sunoco Pipeline L.P.'s Response To Appellants' Application for Costs and Fees
85 12-09-2019 The Department's Response to Appellants' Fee Application
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.
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.
88 02-11-2020 Withdrawal of Appearance
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)
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)
91 03-19-2020 The Department's Application for Stay Pending Appeal of the Board's January 7, 2020 Opinion and Order
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)
93 03-23-2020 NOTICE OF CONTENTS OF CERTIFIED RECORD
94 03-23-2020 Letter from Permittee Sunoco Pipeline L.P. to Judge Labuskes re Department Application for Stay
95 03-24-2020 Answer of Stephen and Ellen Gerhart to Department's Request for Stay of Fee Award Order and Opinion
96 03-24-2020 ORDER: It is ordered...the Department's application for stay is denied.
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)
98 06-17-2020 NOTICE OF CONTENTS OF SUPPLEMENTAL CERTIFIED RECORD
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)