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ADELPHIA GATEWAY v. PENNSYLVANIA EHB

No. 21-3356.

62 F.4th 819 (2023)

ADELPHIA GATEWAY, LLC, Appellant v. PENNSYLVANIA ENVIRONMENTAL HEARING BOARD; Thomas W. Renwand; Bernard A. Labuskes, Jr.; Michelle A. Coleman; Steven C. Beckman; West Rockhill Township; Cliff Cole; Pamela West; Brian Weirback; Kathy Weirback; Todd Shelly; Christine Shelly.

United States Court of Appeals, Third Circuit.

(Opinion filed: March 14, 2023).

Attorney(s) appearing for the Case

Andrew T. Bockis (Argued), Saul Ewing Arnstein & Lehr LLP, 2 North Second Street, Penn National Insurance Plaza, 7th Floor, Harrisburg, PA 17101, Justin C. Danilewitz , Patrick F. Nugent , Saul Ewing Arnstein & Lehr LLP, 1500 Market Street, Centre Square West, 38th Floor, Philadelphia, PA 19102, Blaine R. Feinauer , Elizabeth U. Witmer , Saul Ewing Arnstein & Lehr LLP, 1200 Liberty Ridge Drive, Suite 200, Wayne, PA 19087, Counsel for Appellant.

Michael D. Fiorentino (Argued), Law Office of Michael D. Fiorentino, 42 E. 2nd Street, Suite 200, Media, PA 19063, Counsel for Appellees.

Before: AMBRO, RESTREPO, and FUENTES, Circuit Judges

OPINION OF THIS COURT

Adelphia Gateway, LLC ("Adelphia") received approval from the Pennsylvania Department of Environmental Protection (the "DEP") to build a natural gas compressor station in West Rockhill Township, Pennsylvania. This drew the ire of that town and several of its residents, who filed three

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