COM., DER v. TEXAS EASTERN TRANS.


130 Pa.Commw. 655 (1990)

569 A.2d 382

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. TEXAS EASTERN TRANSMISSION CORP. d/b/a Texas Eastern Gas Pipeline Company, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 25, 1990.


Attorney(s) appearing for the Case

David H. Wersan, Asst. Counsel, Harrisburg, for petitioner.

Alan J. Davis, with him, Gerald Gornish, Barry M. Klayman and Daniel M. Newman, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, and Bolivar C. Andrews and Stephen W. Travers, Houston, Tex., for respondent.

Before CRAIG and McGINLEY, JJ., and BARBIERI, Senior Judge.


CRAIG, Judge:

The Department of Environmental Resources (DER) appeals a decision of the Environmental Hearing Board (board) that granted in part and denied in part a motion of Texas Eastern Gas Pipeline Company (Texas Eastern) to compel discovery. In particular, DER challenges the board's conclusion that DER may not claim the benefit of the deliberative process privilege to preclude Texas Eastern's access to documents it seeks through discovery proceedings.

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