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PPL GENERATION v. COM. DEPT. OF ENV. PROT.

No. 7 MAP 2009.

986 A.2d 48 (2009)

PPL GENERATION, LLC, PPL Montour, LLC and PPL Brunner Island, LLC, Appellees v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION and Commonwealth of Pennsylvania, Environmental Quality Board, Appellants.

Supreme Court of Pennsylvania.

Decided December 23, 2009.

Attorney(s) appearing for the Case

Susan P. Shinkman, Pittsburgh, Richard P. Mather, Sr., PA Department of Environmental Protection, Robert Anthony Reiley, for DEP & Env. Quality Board.

Charles McPhedran, Philadelphia, Brian Geoffrey Glass, Citizens for Pennsylvania's Future, for Amicus Curiae PA State Nurses Association.

Barbara A. Zemlock, Terry Robert Bossert, Post & Schell, P.C., Harrisburg, for PPL Generation, PPL Montour, and PPL Brunner Island.

Lawrence A. Demase, Reed Smith, L.L.P., Pittsburgh, for Amicus Curiae Sunbury Generation, LP and Allegheny Energy Supply Company, LLC.

OPINION

Chief Justice CASTILLE.

This matter is before us on direct appeal from the order of the Commonwealth Court declaring 25 Pa.Code §§ 123.201-123.215 (the "PA Mercury Rule") invalid. For the reasons that follow, we affirm.

PPL Generation, LLC, PPL Montour, LLC and PPL Brunner Island, LLC ("appellees") are owner-operators of coal-fired electric generating units ("EGUs") located in the Commonwealth. On September 15, 2008, appellees...

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