| 1 |
11-22-2017 |
Notice of Appeal |
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| 2 |
11-27-2017 |
PRE-HEARING ORDER NO. 1: Discovery completed by May 29, 2018; joint statement regarding settlement conference January 16, 2018; dispositive motions filed by June 25, 2018. |
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| 3 |
12-12-2017 |
ENTRY OF APPEARANCE: [On behalf of the Department] William H. Gelles, Southeast Region, Norristown, Pa. |
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| 4 |
12-12-2017 |
Amended Notice of Appeal |
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| 5 |
12-21-2017 |
Joint Statement Regarding Settlement Conference |
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| 6 |
01-12-2018 |
Petition to Intervene filed on behalf of Brodhead Watershed Association and Citizens for Pennsylvania's Future. |
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| 7 |
01-12-2018 |
Entry of Appearances: on behalf of Brodhead Watershed Association and PennFuture - Agibgail M. Jones, Esquire, Alice Baker, Esquire and Kurt Weist, Esquire. |
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| 8 |
01-12-2018 |
Petition to Intervene filed on behalf of Brodhead Watershed Association and Citizens for Pennsylvania's Future. (scan) |
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| 9 |
01-12-2018 |
Entry of Appearances: on behalf of Brodhead Watershed Association and PennFuture - Agibgail M. Jones, Esquire, Alice Baker, Esquire and Kurt Weist, Esquire. (scan) |
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| 10 |
01-16-2018 |
Department letter to Judge Labuskes advising that Department does not oppose Petition to Intervene |
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| 11 |
01-29-2018 |
Appellant's Response to Petition to Intervene of Brodhead Watershed Association and Citizens for Pennsylvania's Future |
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| 12 |
01-30-2018 |
ORDER: In consideration of the petition to intervene filed by Brodhead Watershed Association and Citizens for Pennsylvania's Future, which was opposed by the Appellant but not the Department, it is ordered as follows: 1. The Petition to Intervene is granted without prejudice to the Appellant's right to challenge the Intervenors' standing throughout the course of this proceeding. |
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| 13 |
02-12-2018 |
Petition to Intervene filed on behalf of [The Delaware Riverkeeper Network and Maya Van Rossum, the Delaware Riverkeeper]. |
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| 14 |
02-12-2018 |
Petition to Intervene filed on behalf of [The Delaware Riverkeeper Network and Maya Van Rossum, the Delaware Riverkeeper]. (scan) |
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| 15 |
02-12-2018 |
Department letter to Judge Labuskes advising that Department does not oppose Petition to Intervene |
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| 16 |
02-27-2018 |
Appellant's Response to Petition to Intervene of Delaware Riverkeeper Network and Maya van Rossum |
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| 17 |
02-28-2018 |
ORDER: The petition to intervene filed by the Delaware Riverkeeper Network and Maya van Rossum, the Delaware Riverkeeper is granted. |
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| 18 |
04-06-2018 |
Joint Extension Request |
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| 19 |
04-09-2018 |
ORDER: It is ordered: Discovery completed by September 10, 2018; dispositive motions filed by October 9, 2018. |
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| 20 |
04-18-2018 |
ENTRY OF APPEARANCE: [On behalf of the Department] Hannah G. Leone, Southeast Region, Norristown, Pa. |
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| 21 |
06-29-2018 |
Department's Motion to Dismiss, Proposed Order, Exhibits and Certificate of Service |
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| 22 |
07-09-2018 |
Department's Motion to Stay Discovery Pending Resolution of Motion to Dismiss |
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| 23 |
07-13-2018 |
Appellant's Response to Department's Motion to Stay Discovery |
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| 24 |
07-13-2018 |
Appellant's Motion to Extend Deadline to Respond to Motion to Dismiss |
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| 25 |
07-16-2018 |
Intervenors BWA and PennFuture Memorandum in Support of Department's Motion to Dismiss |
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| 26 |
07-17-2018 |
Department's Response to Appellant's Motion to Extend Deadline to Respond to Motion to Dismiss |
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| 27 |
07-17-2018 |
Proposed Order for Department's Response to Appellant's Motion to Extend Deadline to Respond to Motion to Dismiss |
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| 28 |
07-17-2018 |
Appellant's Letter re Department's Refusal to Make Fact Witness Available for Deposition |
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| 29 |
07-18-2018 |
ORDER: It is ordered: 1) The Department's motion is granted and all discovery in this matter is stayed pending the Board's resolution of the motion to dismiss. 2) Appellant's motion to extend the deadline to respond to the Department's motion to dismiss, and the Department's response in opposition thereto, the Appellant's motion is denied. |
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| 30 |
08-10-2018 |
Parties' joint request for extension of briefing schedule |
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| 31 |
08-13-2018 |
Notice of Withdrawal of Appeal as to Cranberry Creek and Tank Creek Only |
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| 32 |
08-14-2018 |
ORDER: Consideration of parties' joint request, it is ordered: Appellant's shall file its response to Department's motion to dismiss by August 24, 2018; Department and Brodhead Watershed shall file their reply briefs by September 19, 2018. |
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| 33 |
08-16-2018 |
ORDER: Appellant's notice of withdrawal of its appeal as it relates to Cranberry Creek and Tank Creek, it is hereby ordered that this portion of the appeal is withdrawn. The remainder of the Appellant's appeal, and its challenges that relate to Swiftwater Creek, Tunkhannock Creek, Paradise Creek, and Devils Hole Creek, remain active. |
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| 34 |
08-24-2018 |
Appellant's Response to Department's Motion to Dismiss |
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| 35 |
09-17-2018 |
Intervenors BWA and PennFuture Reply Memorandum in Support of Department's Motion to Dismiss |
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| 36 |
09-18-2018 |
Department's Reply Brief in Support of Motion to Dismiss |
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| 37 |
09-27-2018 |
Appellant's Motion for Leave to File Sur-Reply and to Strike Department's and Intervenors' Replies |
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| 38 |
10-04-2018 |
Department's Response to Appellant's Motion for Leave to File Sur-Reply and to Strike Department's and Intervenors' Replies |
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| 39 |
10-04-2018 |
Intervenors BWA and PennFuture Response and Memorandum of Law in Opposition to Appellant's Motion for Leave to File Sur-Reply and to Strike Department's and Intervenors' Replies |
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| 40 |
10-04-2018 |
Department's Certificate of Service |
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| 41 |
10-09-2018 |
ORDER: It is ordered: The motion for leave to file a sur-reply is granted, and the Board will accept the sur-reply filed as Exhibit A to the Appellant's motion. The motion to strike portions of the reply briefs is denied. |
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| 42 |
10-11-2018 |
OPINION AND ORDER ON MOTION TO DISMISS: It is hereby ordered that the Department's motion to dismiss is granted. |
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| 43 |
10-11-2018 |
OPINION AND ORDER ON MOTION TO DISMISS: It is hereby ordered that the Department's motion to dismiss is granted. |
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