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FUNK v. COM., DEPT. OF ENVIRONMENTAL PROT.

No. 713 M.D. 2012

71 A.3d 1097 (2013)

Ashley FUNK, Petitioner v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 3, 2013.

Attorney(s) appearing for the Case

Kenneth Kristl , Wilmington, DE, for petitioner.

Robert A. Reiley , Harrisburg, for respondent.

BEFORE: McGINLEY, Judge, and LEADBETTER, Judge, and COLINS, Senior Judge.

OPINION BY Senior Judge COLINS.

This matter is an action filed by Ashley Funk (Funk) in this Court's original jurisdiction seeking to require the Department of Environmental Protection (DEP) to submit her petition for rulemaking with respect to fossil fuel carbon dioxide emissions to the Environmental Quality Board (EQB). Before the Court are DEP's preliminary objections asserting that Funk's Petition for Review is barred by the doctrine of exhaustion of administrative...

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