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ROBINSON TP. v. COM.

No. 284 M.D. 2012

52 A.3d 463 (2012)

ROBINSON TOWNSHIP, Washington County, Pennsylvania, Brian Coppola, Individually and in his Official Capacity as Supervisor of Robinson Township, Township of Nockamixon, Bucks County, Pennsylvania, Township of South Fayette, Allegheny County, Pennsylvania, Peters Township, Washington County, Pennsylvania, David M. Ball, Individually and in his Official Capacity as Councilman of Peters Township, Township of Cecil, Washington County, Pennsylvania, Mount Pleasant Township, Washington County, Pennsylvania, Borough of Yardley, Bucks County, Pennsylvania, Delaware Riverkeeper Network, Maya Van Rossum, the Delaware Riverkeeper, Mehernosh Khan, M.D., Petitioners v. COMMONWEALTH of Pennsylvania, Pennsylvania Public Utility Commission, Robert F. Powelson, in his Official Capacity as Chairman of the Public Utility Commission, Office of the Attorney General of Pennsylvania, Linda L. Kelly, in her Official Capacity as Attorney General of the Commonwealth of Pennsylvania, Pennsylvania Department of Environmental Protection and Michael L. Krancer, in his Official Capacity as Secretary of the Department of Environmental Protection, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 26, 2012.

Attorney(s) appearing for the Case

Susan J. Kraham , New York, NY, John M. Smith , Canonsburg, and Jordan B. Yeager , Doylestown, for petitioners.

Howard G. Hopkirk , Senior Deputy Attorney General, Harrisburg, and Matthew H. Haverstick , Philadelphia, for respondents.

Walter A. Bunt, Jr. , Pittsburgh, for amici curiae Penneco Oil Company, Inc., Chesapeake Appalachia, LLC, MarkWest Liberty Midstream & Resources, LLC, The Pennsylvania Independent Oil and Gas Association and The Marcellus Shale Coalition.

BEFORE: PELLEGRINI, President Judge and McGINLEY, Judge and LEADBETTER, Judge and SIMPSON, Judge and BROBSON, Judge and McCULLOUGH, Judge and COVEY, Judge.

OPINION BY President Judge PELLEGRINI.1

Before this Court are preliminary objections filed by the Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission (Commission), et al.,2 (collectively, the Commonwealth) in response to a petition for review filed by Robinson Township, et al.,3 (collectively, Petitioners)...

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