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.https://leagle.com/images/logo.png
David R. Overstreet , Pittsburgh, for amid curiae Penneco Oil Company, Inc., Chesapeake Appalachia, LLC, MarkWest Liberty Midstream & Resources, LLC, The Pennsylvania Independent Oil and Gas Association, The Marcellus Shale Coalition, and American Petroleum Institute.
Jarad W. Handelman , First Executive Deputy General Counsel, Dennis A. Whitaker , Chief Counsel, Harrisburg, for respondents the Pennsylvania Department of Environmental Protection and Secretary E. Christopher Abruzzo.
Matthew H. Haverstick , Philadelphia, for respondents the Pennsylvania Public Utility Commission and Chairman Robert F. Powelson.
Howard G. Hopkirk , Senior Deputy Attorney General, for respondents Commonwealth of Pennsylvania, Office of Attorney General and Linda L. Kelly.
BEFORE: DAN PELLEGRINI, President Judge, and BONNIE BRIGANCE LEADBETTER, Judge, and ROBERT SIMPSON, Judge, and P. KEVIN BROBSON, Judge, and PATRICIA A. McCULLOUGH, Judge.
Commonwealth Court of Pennsylvania.
OPINION BY President Judge PELLEGRINI.
This matter is presently before us on remand from a Supreme Court "mandate" directing us to consider the constitutionality of certain provisions of Act 131 to address several claims that we did not address because we incorrectly found that the person(s) asserting the right did not have standing or that the claim could not be brought in a petition for review in our original jurisdiction. See Robinson...
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