| 1 |
05-30-2014 |
Appeal of the Department's May 1, 2014 issuance of Consol Pennsylvania Coal Company, LLC's Coal Mining Activity Permit No. 30841316 for the Bailey Mine & Prep. Plant located in Richhill Township, Greene County. (incomplete - fax) |
|
| 2 |
06-03-2014 |
NOTICE OF APPEARANCE: On behalf of the [Permittee] Howard J. Wein, Esquire, Robert L. Burns, Jr., Esquire and Megan S. Haines, Esquire, Buchanan Ingersoll & Rooney, PC, Pittsburgh. |
|
| 3 |
06-04-2014 |
Appeal of the Department's May 1, 2014 issuance of Consol Pennsylvania Coal Company, LLC's Coal Mining Activity Permit No. 30841316 for the Bailey Mine & Prep. Plant located in Richhill Township, Greene County. (complete - hard) |
|
| 4 |
06-04-2014 |
Notice of appeal. |
|
| 5 |
06-04-2014 |
Exhibits A through G of the Notice of Appeal. |
|
| 6 |
06-04-2014 |
PREHEARING ORDER NO. 1: Discovery completed by December 1, 2014; dispositive motions filed by December 31, 2014. |
|
| 7 |
06-04-2014 |
SUPPLEMENT TO PREHEARING ORDER NO. 1: Electronic Discovery. |
|
| 8 |
06-04-2014 |
ORDER: This case is selected for the Board's pilot electronic filing program. |
|
| 9 |
06-05-2014 |
NOTICE OF APPEARANCE: On behalf of the [Department] and Proof of Service - Barbara Grabowski and Michael J. Heilman, Assistant Regional Counsel, Southwest Region, Pittsburgh. |
|
| 10 |
06-19-2014 |
Appellant Center For Coalfield Justice's First Amended Notice Of Appeal |
|
| 11 |
06-23-2014 |
Appellant Center For Coalfield Justice's First Amended Notice Of Appeal. (hard) |
|
| 12 |
07-21-2014 |
Joint Statement Certifying That The Parties Have Conferred About Settlement |
|
| 13 |
07-30-2014 |
Joint Request For Extension of Time |
|
| 14 |
07-30-2014 |
ORDER: The parties shall submit a written report summarizing a plan for the discovery of electronically stored information no later than August 8, 2014. |
|
| 15 |
08-08-2014 |
Joint Report Concerning The Discovery Of Electronically Stored Information |
|
| 16 |
08-11-2014 |
ORDER: The report filed on August 8, 2014, by the parties concerning the discovery of electronically stored information is adopted for the above-captioned matter. |
|
| 17 |
08-19-2014 |
CONSOLIDATION ORDER: The Board sua sponte hereby consolidates EHB Docket Nos. 2014-072-B and 2014-083-B at 2014-072-B. |
|
| 18 |
11-10-2014 |
Joint request to modify deadlines from Pre-Hearing Order No. 1, with proposed order |
|
| 19 |
11-12-2014 |
ORDER: All discovery shall be completed no later than May 4, 2015; All dispositive motions shall be filed no later than June 18, 2015. |
|
| 20 |
04-17-2015 |
DEP, Center for Coalfield Justice, and Sierra Club's Joint Motion for Stay of Discovery and Consolidation of Appeals and for Expedited Consideration Thereof, proposed Order, and Certificate of Service. |
|
| 21 |
04-17-2015 |
ORDER: Consol Pennsylvania Coal Company, LLC shall file a response to the Motion, if any, on or before April 23, 2015. |
|
| 22 |
04-17-2015 |
ORDER: A telephone conference call has been scheduled in the above-referenced matters for Monday, April 27, 2015 at 3 p.m. |
|
| 23 |
04-23-2015 |
Consol Pennsylvania Coal Company, LLC'S Response In Opposition to Joint Motion for Stay and to Consolidate |
|
| 24 |
04-28-2015 |
CONSOLIDATION ORDER: The cases at EHB Docket No. 2014-072-B (consolidated with 2014-083-B) and EHB Docket No. 2015-051-B are consolidated under EHB Docket No. 2014-072-B. |
|
| 25 |
04-28-2015 |
ORDER: The cases at EHB Docket Nos. 2014-072-B (Consolidated with 2014-083-B and 2015-051-B) and 2014-073-B (Consolidated with 2015-038-B) are consolidated at EHB Docket No. 2014-072-B for the purposes of discovery only. Any discovery taken in these cases shall be available for use in both EHB Docket No. 2014-072-B and EHB Docket No. 2014-073-B. |
|
| 26 |
05-05-2015 |
Letter to Judge Beckman Regarding Discovery Schedule |
|
| 27 |
05-05-2015 |
ORDER: 1. All discovery shall be completed on September 28, 2015. 2. Dispositive motions, if any, shall be filed on or before October 27, 2015. |
|
| 28 |
05-20-2015 |
Joint Statement Certifying That The Parties Have Conferred About Settlement |
|
| 29 |
05-20-2015 |
Joint Report Concerning The Discovery Of Electronically Stored Information |
|
| 30 |
05-20-2015 |
ORDER: The report filed on May 20, 2015, by the parties concerning the discovery of electronically stored information is adopted for the above-captioned matter. |
|
| 31 |
07-24-2015 |
Permittee Consol Pennsylvania Coal Company, LLC's Motion to Compel Appellants to Fully Disclose Their Cases and for Expedited Consideration Thereof |
|
| 32 |
07-27-2015 |
ORDER: Any parties wishing to file a response to the Permittee's Motion to Compel shall do so on or before August 7, 2015. |
|
| 33 |
08-05-2015 |
DEP's Letter stating it will not be filing a response to CPCC's Motion to Compel |
|
| 34 |
08-07-2015 |
Response by Appellants, Center for Coalfield Justice and Sierra Club, to Permittee Consol Pennsylvania Coal Company, LLC's Motion To Compel Appellants To Fully Disclose Their Cases and for Expedited Consideration Thereof, along with a memorandum in support and a certificate of service |
|
| 35 |
08-10-2015 |
ORDER: The Permittee's Motion to Compel is denied. |
|
| 36 |
09-04-2015 |
Joint Motion to Extend Deadlines for Close of Discovery and Dispositive Motions |
|
| 37 |
09-09-2015 |
ORDER: It is ordered that a telephone conference call is scheduled in this matter for Thursday, September 10, 2015 at 9:30AM. |
|
| 38 |
09-10-2015 |
ORDER: It is ordered...1. The parties shall submit a joint status report on or before October 2, 2015; 2. The parties shall submit a joint status report on discovery on or before November 13, 2015; 3. All discovery shall be completed on or before December 11, 2015; and 4. Any dispositive motions shall be filed on or before January 15, 2016. |
|
| 39 |
10-02-2015 |
Joint Status Report |
|
| 40 |
10-02-2015 |
Joint Proposed Schedule for Hearing Dates and Pre-Hearing Filings |
|
| 41 |
10-02-2015 |
PREHEARING ORDER NO. 2: Hearing is scheduled for June 6, 2016 through June 24, 2016 at 9:30 am, EHB, Renaissance Centre, 1001 State Street, 4th Floor, Erie. (Adelman Reporters) 1) Appellants' Prehearing Memo filed by April 18, 2016; 2) Department and Permittee's Prehearing Memo filed by May 2, 2016; 3) Motions in Limine/Motion for Protective Orders filed by May 13, 2016; Responses filed by May 20, 2016. 4) Proposed Stipulation of Facts filed on or before May 27, 2016. A prehearing conference call will be held on May 31, 2016 at 10:00 am. |
|
| 42 |
10-13-2015 |
Appellants' Motion For A Protective Order along with memorandum in support and certificate of service |
|
| 43 |
10-14-2015 |
ORDER: It is ordered...1. Any proposed depositions of the corporate designees of Sierra Club and Center For Coalfield Justice are stayed until such time as the Board rules on the Motion; and 2. Any responses to the Motion shall be filed on or before October 21, 2015. |
|
| 44 |
10-21-2015 |
Department's Response to Center for Coalfield Justice and Sierra Club's Motion for Protective Order, Memorandum of Law in support thereof, and Certificate of Service. |
|
| 45 |
10-21-2015 |
Permittee's Response in Opposition to Appellants' Motion for a Protective Order together with Exhibits and Memorandum in Support of Response in Opposition to Appellants' Motion for a Protective Order and certificates of service |
|
| 46 |
10-23-2015 |
ORDER: It is ordered that a telephone conference call is scheduled in this matter for Tuesday, October 27, 2015 at 1:30PM. |
|
| 47 |
10-27-2015 |
ORDER: It is ordered...1. The parties' obligation to submit a joint status report on November 13, 2015 as required by the Board's September 10, 2015 Order is rescinded; 2. The parties shall file with the Board a proposed schedule of specific dates for all remaining pre-hearing deadlines, including expert discovery and expert reports, on or before November 6, 2015; and 3. The parties may include in the proposed schedule a modification of the current hearing schedule that was set in the Board's October 2, 2015 Order. Such modification shall provide for hearing dates and completion of the hearing on or before August 31, 2016. |
|
| 48 |
10-28-2015 |
ORDER: It is ordered...1. The Motion as requested is denied. 2. The continuation of the deposition of Mr. Thomas Schuster by the Permittee shall not exceed six (6) hours in duration. 3. The continuation of the deposition of Mr. Patrick Grenter by the Permittee shall not exceed six (6) hours in duration. 4. The length of depositions by the Department shall not be limited at this time. |
|
| 49 |
11-03-2015 |
NOTICE OF APPEARANCE: On behalf of the [Department] Forrest M. Smith, Southwest Region, Pittsburgh. |
|
| 50 |
11-06-2015 |
Transmittal Letter and Proposed Schedule |
|
| 51 |
11-09-2015 |
ORDER: It is ordered: ...3) Discovery completed by January 29, 2016; 4) Dispositive motions filed by March 4, 2016. ...7) Appellant's prehearing memos filed by June 20, 2016; 8) Department and Permittee's prehearing memos filed by July 8, 2016; ...12) Hearing scheduled for August 10, 2016 at the EHB Pittsburgh location and shall end no later than August 31, 2016. (Adelman Reporters) |
|
| 52 |
12-10-2015 |
Joint Request for Stay of Expert Report Deadlines |
|
| 53 |
12-11-2015 |
ORDER: It is ordered...the deadlines to file expert reports are stayed. The parties shall file a joint status report along with a proposed revised schedule on or before December 21, 2015. |
|
| 54 |
12-21-2015 |
Joint status report and proposed scheduling order |
|
| 55 |
12-22-2015 |
ORDER: It is hereby ordered that the specific dates for pre-hearing filings are as follows... |
|
| 56 |
02-01-2016 |
Consol Pennsylvania Coal Company, LLC's Motion for Leave to Amend Responses to Appellants' Requests for Admission |
|
| 57 |
02-02-2016 |
ORDER: It is ordered that CPCC's Motion is granted. |
|
| 58 |
02-22-2016 |
Permittee's Motion to Extend Expert Report Deadline and For Expedited Consideration Thereof |
|
| 59 |
02-22-2016 |
ORDER: A telephone conference call is scheduled in this matter for Monday, February 22, 2016 at 3:30PM. |
|
| 60 |
02-22-2016 |
Appellants' Response to Permittee's Motion to Extend Expert Report Deadline including exhibits |
|
| 61 |
02-23-2016 |
ORDER: It is ordered...1. The Department and Permittee shall provide copies of their expert reports, if any, to each other and opposing counsel by March 14, 2016. 2. All discovery shall be completed by March 14, 2016. 3. Dispositive motions, if any, shall be filed on or before March 31, 2016.
4. All responses to dispositive motions shall be filed on or before April 22, 2016. |
|
| 62 |
03-01-2016 |
AMENDED NOTICE OF APPEARANCE: On behalf of [Appellants] Sharah E. Winner, Esquire, Washington, Pa. |
|
| 63 |
03-10-2016 |
Consol Pennsylvania Coal Company, LLC's Motion to Compel the Identification of Appellants' Non-Expert Witnesses |
|
| 64 |
03-15-2016 |
Letter Withdrawing Motion to Compel Identification of Appellants' Non-Expert Witnesses |
|
| 65 |
03-16-2016 |
Appellants' Motion For Leave To Amend Notices Of Appeal and Memorandum Of Law In Support |
|
| 66 |
03-16-2016 |
Proposed Order - Appellants' Motion For Leave To Amend Notices Of Appeal |
|
| 67 |
03-22-2016 |
Response of the Department of Environmental Protection to Appellants' Motion for Leave to Amend Notices of Appeal; Certificate of Service |
|
| 68 |
03-22-2016 |
Response of Consol Pennsylvania Coal Company, LLC to Appellants' Motion For Leave to Amend Notices of Appeal and Certificate of Service. |
|
| 69 |
03-23-2016 |
ORDER: Upon consideration of Appellants' Motion For Leave To Amend Notices Of Appeal, it is hereby ordered that said Motion is granted and Appellants shall file an amended notice of appeal within ten (10) days of the date of this Order. |
|
| 70 |
03-31-2016 |
Appellants' Motion For Summary Judgment |
|
| 71 |
03-31-2016 |
Exhibit 1 Appellants' Motion For Summary Judgment |
|
| 72 |
03-31-2016 |
Exhibit 4 Appellants' Motion For Summary Judgment |
|
| 73 |
03-31-2016 |
Exhibit 8 Appellants' Motion For Summary Judgment |
|
| 74 |
03-31-2016 |
Exhibit 12 Appellants' Motion For Summary Judgment |
|
| 75 |
03-31-2016 |
Exhibit 17 Appellants' Motion For Summary Judgment |
|
| 76 |
03-31-2016 |
Exhibit 20 Appellants' Motion For Summary Judgment |
|
| 77 |
03-31-2016 |
Exhibit 21 Appellants' Motion For Summary Judgment |
|
| 78 |
03-31-2016 |
Exhibit 21 (part 3) Appellants' Motion For Summary Judgment |
|
| 79 |
03-31-2016 |
Exhibit 22 Appellants' Motion For Summary Judgment |
|
| 80 |
04-01-2016 |
Appellants' First Amended Notice Of Appeal Of Permit Revision No. 189 |
|
| 81 |
04-01-2016 |
CCJ Second Amended Notice Of Appeal Of Permit Revision No. 180 |
|
| 82 |
04-01-2016 |
Sierra Club First Amended Notice Of Appeal Of Permit Revision No. 180 |
|
| 83 |
04-04-2016 |
Parties Request for Revised Scheduling Order, Proposed Order, Certificate of Service |
|
| 84 |
04-04-2016 |
ORDER: And now ... it is hereby ordered as follows: 1. The Department and Permittee shall provide copies of their expert reports by March 14, 2015; 2. All discovery shall be completed by March 14, 2016; 3. ... |
|
| 85 |
04-21-2016 |
PERMITTEE'S MOTION FOR LEAVE TO FILE RESPONSE TO STATEMENT OF FACTS EXCEEDING PAGE LIMIT |
|
| 86 |
04-21-2016 |
ORDER: Consol's motion for leave to file response to statement of fact exceeding page limit is granted. |
|
| 87 |
04-22-2016 |
Permittee's Response in Opposition to Appellants' Motion for Summary Judgment |
|
| 88 |
04-22-2016 |
Department's Concise Statement in Response to Appellants' Motion for Summary Judgment, Response to Appellants' Statement of Undisputed Material Facts, Memorandum of Law in Support of the Department's Response in Opposition to Appellants' Motion for Summary Judgment, Exhibits List, Exhibits A through K, Proposed Order, and Certificate of Service |
|
| 89 |
05-05-2016 |
Appellants' Motion For Leave To File Consolidated Reply Brief |
|
| 90 |
05-06-2016 |
ORDER: Appellants' Motion For Leave To File A Consolidated Reply Brief is granted. |
|
| 91 |
05-09-2016 |
Appellants' Reply Brief In Support Of Motion For Summary Judgment |
|
| 92 |
05-16-2016 |
Consol Pennsylvania Coal Company, LLC's Motion to Strike Portion of Reply Brief, Or, In the Alternative, For Leave to File Surreply, and for Oral Argument |
|
| 93 |
05-17-2016 |
ORDER: It is ordered...any party wishing to respond to the Permittee's Motion shall do so on or before May 20, 2016. |
|
| 94 |
05-20-2016 |
Appellants' Response to Permittee's Motion To Strike Portion Of Reply Brief, Or, In The Alternative, For Leave To File Surreply, And For Oral Argument |
|
| 95 |
05-20-2016 |
Department's Limited Response to Permittee's Motion to Strike Portions of Appellants' Reply Brief or, in the Alternative, For Leave to File Surreply, and for Oral Argument; Accompanying Memorandum of Law in Support Thereof; and Certificate of Service |
|
| 96 |
05-23-2016 |
ORDER: It is hereby ordered that the Permittee's Motion to Strike Portions of Reply Brief is denied and the request for Leave to File Surreply is also denied. |
|
| 97 |
06-06-2016 |
OPINION AND ORDER ON APPELLANTS' MOTION FOR SUMMARY JUDGMENT: It is ordered that motion for summary judgment is denied. |
|
| 98 |
06-20-2016 |
Appellants' Pre-Hearing Memorandum |
|
| 99 |
06-20-2016 |
Exhibit 1 Appellants' Pre-Hearing Memorandum |
|
| 100 |
06-20-2016 |
Exhibit 3 Appellants' Pre-Hearing Memorandum |
|
| 101 |
06-20-2016 |
Exhibit 6 Appellants' Pre-Hearing Memorandum |
|
| 102 |
06-20-2016 |
Exhibit 9 Appellants' Pre-Hearing Memorandum |
|
| 103 |
06-20-2016 |
Exhibit 14 Appellants' Pre-Hearing Memorandum |
|
| 104 |
06-20-2016 |
Exhibit 16 (Part 2) Appellants' Pre-Hearing Memorandum |
|
| 105 |
06-20-2016 |
Exhibit 17 Appellants' Pre-Hearing Memorandum |
|
| 106 |
06-20-2016 |
Exhibit 19 (Part 3) Appellants' Pre-Hearing Memorandum |
|
| 107 |
06-20-2016 |
Exhibit 20 Appellants' Pre-Hearing Memorandum |
|
| 108 |
06-20-2016 |
Exhibit 24 Appellants' Pre-Hearing Memorandum |
|
| 109 |
06-20-2016 |
Exhibit 26 Appellants' Pre-Hearing Memorandum |
|
| 110 |
07-08-2016 |
Department of Environmental Protection Pre-Hearing Memorandum; Certificate of Service; (Exhibits are being submitted by disc mailed separately via Express Mailing) |
|
| 111 |
07-11-2016 |
Permittee Consol Pennsylvania Coal Company, LLC's Prehearing Memorandum |
|
| 112 |
07-11-2016 |
Permittee's Prehearing exhibits and exhibit list received via UPS (Flash drive) |
|
| 113 |
07-12-2016 |
Department's Prehearing Memorandum Exhibits. (cd disc) |
|
| 114 |
07-18-2016 |
Consol Pennsylvania Coal Company, LLC's Motion in Limine to Exclude Appellants' Expert Benjamin Stout, Ph.D. from Offering Opinions on Hydrology and Hydrogeology |
|
| 115 |
07-18-2016 |
Consol Pennsylvania Coal Company, LLC's Motion to Strike Portions of Appellants' Prehearing Memorandum Containing Previously Undisclosed Objections that the Department Violated Article I, Section 27 of the Pennsylvania Constitution |
|
| 116 |
07-18-2016 |
Appellants Center For Coalfield Justice's and Sierra Club's Motion in Limine and Memorandum Of Law In Support |
|
| 117 |
07-19-2016 |
ORDER: Any responses to Permittee's Motion to Strike Portions of Appellants' Prehearing Memorandum Containing Previously Undisclosed Objections that the Department Violated Article I, Section 27 of the Pennsylvania Constitution shall be filed on or before July 26, 2016. |
|
| 118 |
07-22-2016 |
Letter to the Board; Department's Prehearing Memorandum Exhibit S; Certificate of Service |
|
| 119 |
07-25-2016 |
Letter From the Department Regarding Potential Pre-Hearing Conference and Site View |
|
| 120 |
07-25-2016 |
Letter from the Department in Response to Permittee's Motion in Limine to Exclude Appellants' Expert from Offering Opinions on Hydrology and Hydrogeology, and Certificate of Service |
|
| 121 |
07-25-2016 |
Letter from the Department in Response to Permittee's Motion to Strike Portions of Appellants' Prehearing Memorandum, and Certificate of Service |
|
| 122 |
07-25-2016 |
Letter form the Department in Response to Appellants' Motion in Limine & Motion to Strike Portions of Permittee's Prehearing Memorandum, and Certificate of Service |
|
| 123 |
07-26-2016 |
ORDER: A conference call is scheduled in this matter for Friday, July 29, 2016 at 11 a.m. |
|
| 124 |
07-26-2016 |
Response by Appellants, Center for Coalfield Justice and Sierra Club, to Permittee CPCC's motion to strike |
|
| 125 |
07-28-2016 |
NOTICE OF APPEARANCE: on behalf of [Appellants Center for Coalfield Justice and Sierra Club] and Proof of Service - Ryan Hamilton, Esquire, Fair Shake Environmental Legal Services, Pittsburgh. |
|
| 126 |
08-01-2016 |
OPINION AND ORDER ON MOTION TO STRIKE PORTIONS OF APPELLANTS' PREHEARING MEMORANDUM CONTAINING PREVIOUSLY UNDISCLOSED OBJECTIONS THAT THE DEPARTMENT VIOLATED ARTICLE 1, SECTION 27 OF THE PA CONSTITUTION: It is ordered that the Motion is denied. |
|
| 127 |
08-01-2016 |
Consol Pennsylvania Coal Company, LLC's Response in Opposition to Appellants' Motion in Limine to Preclude Improper Expert Testimony of Burt Waite and to Strike Portions of Permittee's Prehearing Memo |
|
| 128 |
08-01-2016 |
Appellants' Response to CPCC's Motion in Limine |
|
| 129 |
08-03-2016 |
ORDER: Following review of Permittee's Motion in Limine to Exclude Appellants' Expert Benjamin Stout, Ph.D. from Offering Opinions on Hydrology and Hydrogeology ("Motion") and the responses thereto, it is hereby ordered that the Permittee's Motion is denied. |
|
| 130 |
08-03-2016 |
ORDER: Following review of Appellants Center for Coalfield Justice's and Sierra Club's Motion in Limine to Preclude Improper Expert Testimony Of Burt Waite and To Strike Portions of Permittee's Prehearing Memo ("Motion") and the responses thereto, it is hereby ordered that the Appellants' Motion is denied. |
|
| 131 |
08-03-2016 |
Parties Stipulation of Facts; Certificate of Service |
|
| 132 |
08-08-2016 |
Appellants' uncontested request to file a revised prehearing memorandum |
|
| 133 |
08-08-2016 |
ORDER: It is ordered that Appellants' Revised Prehearing Memorandum is deemed filed. |
|
| 134 |
08-08-2016 |
Letter to Judge Beckman Regarding Site Visit |
|
| 135 |
09-19-2016 |
Transcripts received: Original and condensed of hearing held on August 16, 2016 in Pittsburgh, Pa. (Adelman Reporters) |
|
| 136 |
08-31-2016 |
WITHDRAWAL OF APPEARANCE: On behalf of [Appellants] Oday Salim, Esquire. |
|
| 137 |
09-19-2016 |
Transcripts received: Original and condensed of hearing held on August 11 and 12, 2016 in Pittsburgh, Pa. (Adelman Reporters) |
|
| 138 |
09-19-2016 |
Transcripts received: Original and condensed of hearing held on August 16, 17, 18, and 19, 2016 in Pittsburgh, Pa. (Adelman Reporters) |
|
| 139 |
09-19-2016 |
Transcripts received: Original and condensed of hearing held on August 23, 2016 and August 25, 2016 in Pittsburgh, Pa. (Adelman Reporters) |
|
| 140 |
09-20-2016 |
ORDER: Having received the transcripts of the hearing on the merits, it is ordered: Appellants post-hearing briefs due by October 21, 2016; Department and Permittee shall file their post-hearing briefs by November 21, 2016; and Appellant's reply brief filed by December 6, 2016. |
|
| 141 |
10-21-2016 |
Post Hearing Brief Of Appellants Center For Coalfield Justice and Sierra Club |
|
| 142 |
11-18-2016 |
Department's Request for an Extension of Filing Deadlines for Briefs, Proposed Order, and Certificate of Service |
|
| 143 |
11-21-2016 |
DEP's Letter withdrawing request for extension of time to file Post-Hearing Brief, and Certificate of Service. |
|
| 144 |
11-21-2016 |
Consol Pennsylvania Coal Company, LLC's Posthearing Brief |
|
| 145 |
11-21-2016 |
The Department of Environmental Protection's Post-Hearing Brief and Certificate of Service. |
|
| 146 |
11-22-2016 |
Department's Post-Hearing Brief with Cover Letter and Certificate of Service |
|
| 147 |
12-06-2016 |
Post Hearing Reply Brief Of Appellants Center For Coalfield Justice And Sierra Club |
|
| 148 |
04-11-2017 |
ORDER: It is ordered that a conference call is scheduled in this matter for Wednesday, April 12, 2017 at 10 a.m. |
|
| 149 |
06-20-2017 |
ORDER: In light of the Pennsylvania Supreme Court decision in Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania (10 MAP 2015) issued today rejecting the Payne test, the parties shall file briefs on or before July 5, 2017 setting forth their position on and analysis of the impact of the Pennsylvania Supreme Court decision to the Article 1, Section 27 claim in this case. |
|
| 150 |
06-23-2017 |
Department's Request for Extension of Briefing Deadlines, Proposed Order, and Certificate of Service |
|
| 151 |
06-26-2017 |
ORDER: extension of time to file briefs on or before July 12, 2017 setting forth their position on and analysis of the impact of the Pennsylvania Supreme Court decision to the Article 1, Section 27. |
|
| 152 |
07-12-2017 |
Commonwealth of Pennsylvania, Department of Environmental Protection's Brief Concerning the Impact of Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania, (10 MAP 2015) on the Article I, Section 27 Claim by Center For Coalfield Justice and Sierra Club; Certificate of Service. |
|
| 153 |
07-12-2017 |
Consol Pennsylvania Coal Company, LLC's Supplemental Posthearing Brief |
|
| 154 |
07-12-2017 |
Appellants' Brief In Response to June 26, 2017 Order |
|
| 155 |
07-25-2017 |
ORDER: It is ordered that a conference call is scheduled in this matter for Thursday, July 27, 2017 at 11:00 a.m. |
|
| 156 |
07-27-2017 |
ORDER: It is hereby ordered that any party wishing to file a brief on the two issues below, shall do so on or before Tuesday, August 8, 2017.
1. In light of the recent passage of Act 32 of 2017, what law is applicable to the Department's permitting decisions under appeal in this case;
2. If Act 32 of 2017 is the applicable law, what is the impact of that legislation on the issues in this case? |
|
| 157 |
08-08-2017 |
Department's Brief Concerning the Impact of Act of July 21, 2017, P.L. 345, No. 32; and Certificate of Service. |
|
| 158 |
08-08-2017 |
Consol Pennsylvania Coal Company, LLC's Supplemental Posthearing Brief Regarding Act 32 of 2017 |
|
| 159 |
08-08-2017 |
Appellants' Supplemental Brief Regarding Act 32 of 2017 |
|
| 160 |
08-09-2017 |
DEP's Letter, Exhibit A to Brief Concerning the Impact of Act of July 21, 2017 P.L. 345, No. 32; and Certificate of Service. |
|
| 161 |
08-15-2017 |
ADJUDICATION: It is ordered the Center for Coalfield Justice's and the Sierra Club's appeal of Permit Revision No. 180 is denied. The Permit Revision No. 189 is granted. |
|
| 162 |
08-15-2017 |
ADJUDICATION: It is ordered the Center for Coalfield Justice's and the Sierra Club's appeal of Permit Revision No. 180 is denied. The Permit Revision No. 189 is granted. |
|
| 163 |
09-14-2017 |
Appellants' Application for Fees and Costs |
|
| 164 |
09-15-2017 |
Copy of Consol Pennsylvania Coal Company LLC's Petition for Review. (Cmwlth. Ct. No. CD 2017) |
|
| 165 |
09-15-2017 |
Copy of Consol PA Coal Co. "Petition for Review" filed in Commonwealth Court on September 14, 2017. [Cmwlth. Ct. No. CD 2017] (scan) |
|
| 166 |
09-15-2017 |
ORDER: Being aware of the Petition for Review filed in the Commonwealth Court at docket number 1290 CD 2017, it is hereby ordered that the parties shall simultaneously file on the Board's docket in this matter all future petitions, answers and briefs filed with the Commonwealth Court in the above referenced matter docketed at 1290 CD 2017. |
|
| 167 |
09-20-2017 |
Notice of Petition for Review [on behalf of Consol PA Coal Co.] filed in Commonwealth Court on September 14, 2017. Notice dated September 18, 2017. Certification due on October 30, 2017. (Cmwlth Ct. No. 1290 CD 2017) |
|
| 168 |
09-28-2017 |
Petitioner CPCC's Docketing Statement in Commonwealth Court Docket 1290 CD 2017 |
|
| 169 |
10-13-2017 |
Amended Notice of Appearance |
|
| 170 |
10-13-2017 |
Board's Certification Letter to Commonwealth Court. (1290 CD 2017) |
|
| 171 |
10-13-2017 |
NOTICE OF CONTENTS OF CERTIFIED RECORD. |
|
| 172 |
10-13-2017 |
CCJ and Sierra Club's Notice of Intervention filed in Commonwealth Court |
|
| 173 |
10-13-2017 |
Commonwealth of Pennsylvania, Department of Environmental Protection's Response to Appellants' Application for Costs and Fees; Memorandum of Law in Support; Certificate of Service |
|
| 174 |
10-13-2017 |
Joint Request to Stay the Proceedings, Proposed Order, and Certificate of Service |
|
| 175 |
10-13-2017 |
Department's Motion to Quash Appellants' Application for Costs and Fees, Exhibit A, Memorandum in Support thereof, Proposed Order, and Certificate of Service |
|
| 176 |
10-13-2017 |
ORDER: After consideration of the Parties' Joint Motion to Stay the Proceedings, the Joint Motion is GRANTED, and the proceedings regarding Appellants' Application for Fees and Costs is STAYED until such time as the instant matter is no longer under appellate review. |
|
| 177 |
01-10-2018 |
Consol Coal Company's Praecipe to Discontinue Appeal dated January 9, 2017. (Cmwlth. Ct. No. 1290 CD 2017). |
|
| 178 |
01-10-2018 |
Consol Coal Company's Praecipe to Discontinue Appeal dated January 9, 2017. (Cmwlth. Ct. No. 1290 CD 2017). (scan) |
|
| 179 |
01-10-2018 |
Files returned from Commonwealth Court. |
|
| 180 |
01-11-2018 |
ORDER: It is ordered: 1) The Board lifts the stay set forth in its Order of October 13, 2017. 2) Responses to the Appellants' Application for Fees and Costs and the Department's Motion to Quash shall be filed on or before February 9, 2018. |
|
| 181 |
01-12-2018 |
Copy of "Notice of Discontinuance of Action" from Commonwealth Court. (Cmwlth. Ct. No. 1290 CD 2017) |
|
| 182 |
01-12-2018 |
Copy of "Notice of Discontinuance of Action" from Commonwealth Court dated January 9, 2018. (Cmwlth. Ct. No. 1290 CD 2017) (scan) |
|
| 183 |
02-09-2018 |
Permittee, Consol Pennsylvania Coal Company LLC's Letter Response to Appellants' Application for Fees and Costs |
|
| 184 |
02-09-2018 |
Appellants' Response to Motion To Quash Application for Costs and Fees |
|
| 185 |
02-12-2018 |
ORDER: Parties may file a Reply to Appellants' Response In Opposition to Motion To Quash Application for Costs and Fees on or before February 22, 2018. |
|
| 186 |
02-22-2018 |
Department's Reply to the Appellants' Response to the Department's Motion to Quash; Certificate of Service |
|
| 187 |
02-22-2018 |
Consol Pennsylvania Coal Company LLC's Reply to Appellants' Response in Opposition to Motion to Quash Application for Costs and Fees |
|
| 188 |
05-31-2018 |
OPINION AND ORDER ON DEPARTMENT MOTION TO QUASH APPELLANTS' APPLICATION FOR COSTS AND FEES: It is ordered...1)The Department's Motion to Quash is denied; 2) CCJ/SC may submit a revised Application for Costs and Fees on or before June 15, 2018; 3) Responses to a revised Application may be submitted on or before July 16, 2018; and 4) CCJ/SC may submit a reply to any responses on or before July 31, 2018. |
|
| 189 |
06-15-2018 |
Appellants' Center for Coalfield Justice and Sierra Club Amended Application for Costs and Fees |
|
| 190 |
07-16-2018 |
Department Response to Appellants' Amended Application for Costs and Fees, Exhibits A and B, Brief in Support thereof, and Certificate of Service |
|
| 191 |
07-16-2018 |
Permittee Consol Pennsylvania Coal Company LLC's Letter Response to Appellants' Amended Application for Fees and Costs |
|
| 192 |
07-20-2018 |
Withdrawal of Appearance of Forrest Smith and Certificate of Service |
|
| 193 |
07-31-2018 |
Appellants' Reply Brief In Support of Amended Application for Fees and Costs |
|
| 194 |
08-17-2018 |
OPINION AND ORDER ON APPELLANTS' AMENDED APPLICATION FOR COSTS AND FEES: The Board awards the Center for Coalfield Justice and the Sierra Club the amount of $77,817.42 in attorneys' fees and costs. |
|
| 195 |
11-07-2018 |
Records transferred to Record Center: EHB Box #1334 - Record Center Box #823422. (Main files/Cmwlth. Ct. files/transcripts) |
|
| 196 |
11-06-2018 |
Records transferred to Record Center: EHB Box #1335 - Record Center Box #823423. (Cmwth. Ct. files/Jt Stips Exh. 1, 2, 3) |
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