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SENECA RESOURCES v. TOWNSHIP OF HIGHLAND

No. 16-3592.

863 F.3d 245 (2017)

SENECA RESOURCES CORPORATION v. TOWNSHIP OF HIGHLAND, ELK COUNTY, PENNSYLVANIA; Highland Township Board of Supervisors, Elk County, Pennsylvania. **Crystal Spring Ecosystem; Highland Township Municipal Authority; Citizens Advocating a Clean Healthy Environment, Inc., Appellants. *(Pursuant to Rule 12(a) Fed. R. App. P.)

United States Court of Appeals, Third Circuit.

Opinion Filed: July 17, 2017.

Attorney(s) appearing for the Case

Lindsey Schromen-Wawrin [Argued], Shearwater Law, 306 West Third Street, Port Angeles, WA 98362, Counsel for Appellants.

Brian J. Clark , Brian C. Wauhop , Buchanan Ingersoll & Rooney, 409 North Second Street, Suite 500, Harrisburg, PA 17101, Stanley Yorsz [Argued], Buchanan Ingersoll & Rooney, 301 Grant Street, One Oxford Centre, 20th Floor, Pittsburgh, PA 15219, Counsel for Appellee Seneca Resources Corp.

Arthur D. Martinucci [Argued], Quinn Buseck Leemhuis Toohey & Kroto, 2222 West Grandview Boulevard, Erie, PA 16506, Counsel for Appellees Township of Highland and Highland Township Board of Supervisors, Elk County, Pennsylvania.

Before: SMITH, Chief Judge, JORDAN and ROTH, Circuit Judges.

OPINION

Appellants, Crystal Spring Ecosystem, Highland Township Municipal Authority, and Citizens Advocating a Clean Healthy Environment, Inc. — all represented by the Community Environmental Legal Defense Fund ("CELDF") — sought to intervene on the side of Defendant-Appellee Township of Highland (the...

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