Pennsylvania Environmental Hearing Board: Coat of Arms The
Pennsylvania
Environmental Hearing Board


MENU

Home

About Us

Hearing Schedule

Docket Search

Electronic Filing

Forms

Rules, Decisions, and Resources

EHB Rules Committee

Agency Open Records and "Right to Know" Law

CASE INFORMATION
Case Number: 2015011
Appellant #1: MERCK SHARP & DOHME CORP.

VIEW CASE INFORMATION FOR THIS CASE

CLOSED CASE

CONSOLIDATION NOTICE -- This case has been consolidated into case 2015011 Click on the case number to view the docket sheet from that case.

# Filing Date Description Documents (?)
1 02-04-2015 Notice of Appeal of Industrial Stormwater Permit No. PA 0053538 on behalf of the [Appellant] for its West Point Facility located in Montgomery County.
2 02-04-2015 Petition for Supersedeas [on behalf of the Appellant] regarding monitoring requirement set forth in Industrial Stormwater Permit PA 0053538.
3 02-05-2015 ENTRY OF APPEARANCE: filed on behalf of the Department, William H. Gelles, Esquire, Southeast Region, Norristown, PA.
4 02-05-2015 PREHEARING ORDER NO. 1: Discovery completed by August 4, 2015; Joint statement of the discovery period filed by March 27, 2015; dispositive motions filed by September 3, 2015.
5 02-06-2015 NPDES Permit notice sent to Legislative Reference Bureau for publication in the Pennsylvania Bulletin. (electronic mail and hard copy)
6 02-06-2015 Notice of NPDES Permit to be published in the next edition of the Pennsylvania Bulletin.
7 02-06-2015 ORDER: Parties shall participate in a conference call on Monday, February 9, 2015 at 10:00 am.
8 02-09-2015 ORDER: Supersedeas hearing is scheduled for February 23, 2015 at 9:00 am at the Norristown offices. (Commonwealth Reporting Co. Inc.)
9 02-12-2015 Time-stamped copy [February 10, 2015] of the NPDES notice to the Pennsylvania Bulletin.
10 02-17-2015 Parties' Pre-hearing Stipulation and Supersedeas with proposed Order under cover letter from Department counsel. (E-filed)
11 02-17-2015 ORDER: Parties' prehearing stipulation and supersedeas.
12 02-17-2015 ORDER: Supersedeas hearing scheduled for February 23, 2015 is cancelled. (Commonwealth Reporting Co. Inc.)
13 02-24-2015 Appellant Merck Sharp & Dohme Corp.'s Amended Notice of Appeal of Industrial Stormwater Permit No. PA 0053538 (e-file)
14 03-26-2015 Joint Statement Of The Parties Certifying That They Have Conferred About Settlement submitted on behalf of Appellant Merck Sharp & Dohme Corp., and with the consent and authorization of Appellee Pennsylvania Department of Environmental Protection
15 04-02-2015 Joint Request for Extension of Time for both parties to finalize plan for conducting electronic discovery.
16 04-03-2015 ORDER: Deadline for the submittal of a proposed plan for conducting electronic discovery is extended until April 17, 2015.
17 04-17-2015 Appellant Merck Sharp & Dohme Corp. and Appellee The Department of Environmental Protection Joint Report Concerning The Discovery Of Electronically Stored Information
18 04-20-2015 ORDER: The attached report concerning the discovery of electronically and stored information submitted jointly by the parties pursuant to paragraph 12 of the prehearing order no.1 is adopted.
19 05-26-2015 Department's Motion for Partial Dismissal and Memorandum of Law in support thereof; proposed order
20 06-25-2015 Appellant Merck Sharp & Dohme Corp.'s Response in Opposition to the Department's Motion for Partial Dismissal; Appellant Merck Sharp & Dohme Corp.'s Memorandum of Law in Opposition to the Department's Motion for Partial Dismissal; and Proposed Order
21 07-07-2015 Proposed Case Management Order submitted jointly on behalf of both parties Appellant Merck Sharp & Dohme Corp. and Appellee the Pennsylvania Department of Environmental Protection
22 07-07-2015 CASE MANAGEMENT ORDER.
23 07-08-2015 Department's Reply Brief in Support of Motion for Partial Dismissal
24 07-14-2015 OPINION AND ORDER ON MOTION FOR PARTIAL DISMISSAL: The Department's motion for partial dismissal is denied.
25 09-17-2015 Appellant Merck Sharp & Dohme Corp. and Appellee Commonwealth of Pennsylvania Department of Environmental Protection's Joint Motion for Consolidation and proposed Consolidation and Case Management Order
26 09-18-2015 CONSOLIDATION AND CASE MANAGEMENT ORDER:The cases at EHB Docket No. 2015-011-L and EHB Docket No. 2015-123-L are consolidated under EHB Docket No. 2015-011-L. a. All factual discovery shall be completed by December 4, 2015. b. Appellant's expert reports, if any, shall be served on or before January 19, 2016. c. Appellee's expert reports, if any, shall be served on or before February 18, 2016. d. Appellant's rebuttal expert reports, if any, shall be served on or before March 21, 2016. e. All dispositive motions shall be filed on or before April 21, 2016.
27 11-04-2015 Department's Request for Stay and Extension of Pre-Hearing Deadlines, and Proposed Order
28 11-05-2015 ORDER: The parties shall participate in a conference call at 10:00 a.m. on November 9, 2015.
29 11-09-2015 Department's Request, with Merck's Consent, for Extension of Pre-Hearing Deadlines, and Proposed Order
30 11-09-2015 ORDER: 1) All factual discovery shall be completed by February 29, 2016. 2) Appellant's expert reports shall be served by April 14, 2016. 3) Appellee's expert reports shall be served by May 12, 2016. 4)Appellant's rebuttal expert reports shall be served by June 16, 2016. 5) All dispositive motions shall be filed by July 11, 2016.
31 02-03-2016 Department's Motion for Protective Order and for Stay of Deposition, and Memorandum of Law in Support of Motion
32 02-04-2016 ORDER: Deposition is stayed pending resolution of Department's motion for protective order.
33 02-11-2016 Appellant Merck Sharp & Dohme Corp.'s Response in Opposition to the Department's Motion for Protective Order, Memorandum of Law in Opposition, and Proposed Order.
34 02-16-2016 Department's Motion for Leave to File Reply Brief in Support of Motion for Protective Order
35 02-16-2016 ORDER: The Department's motion for leave to file a reply brief is denied.
36 02-25-2016 Analytical Services, Inc.'s letter motion to quash subpoena of Charles Chestnut. (fax)
37 02-25-2016 Analytical Services, Inc.'s letter motion to quash subpoena of Charles Chestnut. (scan)
38 02-25-2016 ORDER ON DEPARTMENT'S MOTION FOR PROTECTIVE ORDER
39 02-25-2016 ORDER: The non-party's motion to quash is granted.
40 07-11-2016 Department's Motion for Partial Summary Judgment, Statement of Undisputed Material Facts, Memorandum of Law in Support, and Proposed Order
41 07-25-2016 Appellant's Unopposed Request for Revised Schedule regarding Submissions on Department's Motion for Partial Summary Judgment
42 07-26-2016 ORDER: The Appellant shall submit its opposition to the Department's Motion for Partial Summary Judgment by August 30, 2016. The Department shall submit its reply brief by September 20, 2016.
43 08-30-2016 Merck Sharp & Dohme Corp.'s Response in Opposition to the Department's Motion for Partial Summary Judgment: Concise Statement, Response to the Department's Statement of Undisputed Material Facts, Memorandum of Law in Opposition, and Proposed Order
44 09-20-2016 Department's Reply Brief in Support of Motion for Partial Summary Judgment
45 09-20-2016 WITHDRAWAL OF APPEARANCE: On behalf of [Appellant] Alison Lecker, Esquire.
46 10-11-2016 OPINION AND ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT: It is ordered that the Department's motion for partial summary judgment is granted. Merck's objections in Paragraph 5(h) of its amended notice of appeal in Docket No. 2015-011-L (incorporated by reference in Paragraph 14 of the notice of appeal in Docket No. 2015-123-L) objecting to the Department's decision to withhold approval of Merck's PPC plan are dismissed. The Department's request that we hold as a matter of law that Merck's revised PPC plan fails to comply with 25 Pa. Code 91.33 is denied.
47 12-09-2016 ORDER: It is ordered that the parties shall file a joint status report on or before December 23, 2016.
48 12-23-2016 Joint Status Report
49 12-27-2016 ORDER: It is hereby ordered that the parties shall file a joint status report on or before January 20, 2017.
50 01-20-2017 January 20, 2017 Joint Status Report
51 01-20-2017 ORDER: It is ordered that the parties shall file a joint status report on or before February 21, 2017.
52 02-21-2017 Joint Status Report
53 02-23-2017 ORDER: It is hereby ordered that the parties shall file a joint status report on or before March 20, 2017.
54 03-20-2017 Joint Status Report
55 03-21-2017 ORDER: The parties shall file a joint proposed case management order on or before April 21, 2017, if the matter is not settled before then.
56 04-17-2017 Stipulation of Settlement
57 04-17-2017 ORDER: Upon consideration of the Stipulation of Settlement, a copy of which is attached hereto and made part of this Order, it is ordered that (1) within five days of this Order, the Department shall issue Amendment No. 2 to Merck's Permit PA0053538...2) Merck's appeal is dismissed without prejudice...the docket shall be marked closed and settled.
58 04-27-2017 Settlement notice sent to Legislative Reference Bureau for publication in the May 13, 2017 of the Pennsylvania Bulletin. (electronic mail and hard copy)
59 04-27-2017 Settlement notice sent to Legislative Reference Bureau for publication in the May 13, 2017 of the Pennsylvania Bulletin.
60 05-02-2017 Time-stamp copy [May 1, 2017] of Settlement notice sent to Legislative Reference Bureau for publication in the May 13, 2017 of the Pennsylvania Bulletin.
61 11-20-2017 Records transferred to Record Center: EHB Box #1303 - Record Center Box #806294.