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PA TROUT v. DEPT. OF ENVIR. PROTECTION

863 A.2d 93 (2004)

PENNSYLVANIA TROUT, Trout Unlimited-Penns Woods West Chapter, and Citizens for Pennsylvania's Future, Petitioners v. DEPARTMENT OF ENVIRONMENTAL PROTECTION and Orix-Woodmont Deer Creek Venture, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 7, 2004.

Attorney(s) appearing for the Case

Jody L. Rosenberg, Pittsburgh, for petitioners.

Terry R. Bossert, Harrisburg, Charney Regenstein, Pittsburgh, for respondents.

BEFORE: COHN JUBELIRER, Judge, SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION By Judge SIMPSON.

Pennsylvania Trout, Trout Unlimited-Penns Woods West Chapter and Citizens for Pennsylvania's Future (collectively Objectors) appeal an order of the Environmental Hearing Board (EHB), which upheld the Department of Environmental Protection's (DEP) issuance of a permit to Orix-Woodmont Deer Creek Venture (Permittee) to fill approximately six acres of wetlands so that Permittee may construct a master planned mixed-use commercial development...

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