FUNK v. WOLF

No. 467 M.D. 2015.

144 A.3d 228 (2016)

Ashley FUNK; Otis Harrison, a minor, by his guardian Amy Lee; Lilian McIntyre, a minor, by her guardian Jennifer McIntyre; Rekha Dhillon-Richardson, a minor, by her guardian Jaskiran Dhillon; Austin Fortino, a minor, by his guardian Ruth Fortino; Darius Abrams, a minor, by his guardian Elaine Abrams; Kaia Luna Elinich, a minor, by her guardian Arianne Elinich, Petitioners, v. Tom WOLF, in his official capacity as Governor of Pennsylvania; Pennsylvania Department of Environmental Protection; John Quigley, in his official capacity as Secretary of the Pennsylvania Department of Environmental Protection; Pennsylvania Environmental Quality Board; John Quigley, in his official capacity as Chairperson of the Environmental Quality Board; Pennsylvania Public Utility Commission; Gladys M. Brown, in her official capacity as Chairperson of the Public Utility Commission; Pennsylvania Department of Conservation and Natural Resources; Cindy Adams Dunn, in her official capacity as Secretary of the Pennsylvania Department of Conservation and Natural Resources; Pennsylvania Department of Transportation; Leslie S. Richards, in her official capacity as Secretary of the Pennsylvania Department of Transportation; Pennsylvania Department of Agriculture; Russell C. Redding, in his official capacity as Secretary of the Department of Agriculture, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 26, 2016.


Attorney(s) appearing for the Case

Kenneth T. Kristl , Wilmington, DE, for petitioners.

Kenneth L. Joel , Chief Deputy Attorney General, Harrisburg, for respondents Pennsylvania Public Utility Commission and Gladys Brown.

Robert A. Reiley , Office of Chief Counsel, Harrisburg, for respondents PA Department of Environmental Protection, et al.

BEFORE: RENÉE COHN JUBELIRER, Judge, and MICHAEL H. WOJCIK, Judge, and JAMES GARDNER COLINS, Senior Judge.


Before this Court in our original jurisdiction are the Preliminary Objections (POs) of the Pennsylvania Public Utility Commission (PUC) and Gladys M. Brown, in her official capacity as Chairperson of the PUC, (PUC Respondents) and the separately filed POs of Tom Wolf, in his official capacity as Governor of Pennsylvania...

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