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SOLEBURY TP. v. DEP

928 A.2d 990 (2007)

SOLEBURY TOWNSHIP v. DEPARTMENT OF ENVIRONMENTAL PROTECTION and Department of Transportation. Appeal of Department of Transportation. Buckingham Township v. Department of Environmental Protection and Department of Transportation. Appeal of Department of Transportation. Solebury Township v. Department of Environmental Protection and Department of Transportation. Appeal of Department of Environmental Protection. Buckingham Township v. Department of Environmental Protection and Department of Transportation. Appeal of Department of Environmental Protection.

Supreme Court of Pennsylvania.

Decided August 20, 2007.

Attorney(s) appearing for the Case

Kenda Jo Marie Gardner, Neal Thomas Brofee, Andrew S. Gordon, Robert John Shea, Harrisburg, for Dept. of Transportation.

Anderson Lee Hartzell, Louise S. Thompson, Conshohocken, for Dept. of Environmental Protection.

Richard T. Abell, Paul Aloysius Logan, King of Prussia, for Solebury Tp.

Robert J. Sugarman, Philadelphia, for Buckinghan Tp.

CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER, JJ.

OPINION

Justice SAYLOR.1

We granted allowance of appeal in this matter to determine the propriety of awarding attorneys' fees and costs under Section 307(b) of Pennsylvania's Clean Streams Law, when the underlying action, issuance of a water quality certification pursuant to Section 401 of the Federal Water Pollution Control Act, has been deemed moot by the voluntary revocation...

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