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GROCE v. DEPT. OF ENVIRONMENTAL PROTECTION

921 A.2d 567 (2007)

Dennis GROCE, National Parks Conservation Association, Group Against Smog and Pollution, and Phil Coleman, Petitioners v. DEPARTMENT OF ENVIRONMENTAL PROTECTION and Wellington Development-WVDT-LLC, Respondents.

Commonwealth Court of Pennsylvania.

Decided April 11, 2007.

Attorney(s) appearing for the Case

Thomas C. Buchele and Michael Parker, Pittsburgh, for petitioners.

Michael J. Heilman, Asst. Regional Counsel, John H. Herman, Asst. Counsel, and Marianne Mulroy, Asst. Counsel, Pittsburgh, for respondents, Department of Environmental Protection.

Glenn L. Unterberger, Brendan K. Collins, Sabrina M. Rudnick, pro hac vice, Philadelphia, for respondent, Wellington Development-WVDT-LLC.

BEFORE: LEADBETTER, President Judge, PELLEGRINI, Judge, and LEAVITT, Judge.

OPINION BY Judge PELLEGRINI.

Dennis Groce, National Parks Conservation Association, Group Against Smog and Pollution, and Phil Coleman (collectively, Association) appeal from an order of the Pennsylvania Environmental Hearing Board (EHB) denying their appeal to the Department of Environmental Protection's (DEP) approval of Wellington Development-WVDT-LLC's (Wellington) plan to construct an electric generating power plant.

This matter involves an application...

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