DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner-Appellee,
v.
The Honorable Robert JUBELIRER, President Pro Tempore of the Senate, et al., Respondents-Appellants.
Supreme Court of Pennsylvania.https://leagle.com/images/logo.png
December 27, 1989.
December 27, 1989.
Attorney(s) appearing for the Case
Linda J. Shorey, John P. Krill, R. Timothy Weston, Harrisburg, for Robert Jubelirer, D. Michael Fisher and The Senate of Pa., for appellants.
James L. Walsh, Vincent C. DeLiberato, Robert W. Zech, Jr., Harrisburg, for Gary R. Hoffman, John Hartman and Legislative Reference Bureau.
William Titelman, Pittsburgh, amicus, for House of Representatives.
Ernest D. Preate, Jr., Atty. Gen., for Comm. of Pa. at No. 65.
S. David Fineman, Norman S. Berson, Harold K. Cohen, Philadelphia, W.C. Matthews, III, Coatesville, for Independent Regulatory Review Comm'n at No. 65.
Henry G. Barr, Harrisburg, for Amicus — Pa. Chamber of Business & Industry at No. 65.
Douglas Y. Christian, Judith L. Rosenthal, Stanley L. Arabis, Philadelphia, for Amicus — Sun Co., Inc. at No. 65.
Keith Welks, Chief Counsel, Richard P. Mather, Asst. Counsel, Richard D. Spiegelman, Carl H. Shuman, Harrisburg, for Dept. of Env. Resources at Nos. 65 & 66.
Thomas W. Scott, Harrisburg, for Pennsylvania State Education Ass'n.
Allen Warshaw, Harrisburg, Hospital Ass'n.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.
Supreme Court of Pennsylvania.
MEMORANDUM OPINION
NIX, Chief Justice.
This matter concerns the application by respondents-appellants to reinstate the automatic supersedeas claimed under Pa.R.A.P. 1736(a)(1) and (b) and vacated by the Commonwealth Court. The pertinent facts are as follows.
Petitioner-appellee, the Department of Environmental Resources ("DER"), adopted regulations promulgated by the Environmental Quality Board ("EQB") which...
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