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ROBINSON TP. v. COMMONWEALTH

No. 104 MAP 2014 No. 105 MAP 2014.

147 A.3d 536 (2016)

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. v. COMMONWEALTH of Pennsylvania, Pennsylvania Public Utility Commission, Gladys M. Brown, in Her Official Capacity as Chairman of the Public Utility Commission, Office of the Attorney General of Pennsylvania, Kathleen Kane, in Her Official Capacity as Attorney General of the Commonwealth of Pennsylvania, Pennsylvania Department of Environmental Protection and John H. Quigley, in His Official Capacity as Secretary of the Department of Environmental Protection. Appeal of: Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Robert F. Powelson, in His Official Capacity as Chairman of the Public Utility Commission. 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. v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Gladys M. Brown, in Her Official Capacity as Chairman of the Public Utility Commission, Office of the Attorney General of Pennsylvania, Kathleen Kane, in Her Official Capacity as Attorney General of the Commonwealth of Pennsylvania, Pennsylvania Department of Environmental Protection and John H. Quigley, in His Official Capacity as Secretary of the Department of Environmental Protection. Cross Appeal of: 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.

Supreme Court of Pennsylvania.

DECIDED: September 28, 2016.

Attorney(s) appearing for the Case

Walter A. Bunt Jr., Esq. , Craig Prescott Wilson, Esq. , K&L Gates LLP, for Gas Assco, the Marcellus Shale Coalition, American Petroleum Institute, Amicus Curiae.

Robert L. Byer, Esq. , Meredith Ellen Carpenter, Esq. , Andrew Ronald Sperl, Esq. , Duane Morris LLP, Robert McCarthy Palumbos, Esq. , for Chambers of Commerce of US, PA Chamber of Business and Ind., Susq. Industrial Dev. Corp. Warren Co., Amicus Curiae.

Scott E. Coburn, Esq. , for Pennsylvania State Association of Township Supervisors, Amicus Curiae.

Emily Ann Collins, Esq. , for Clean Air Council, Clean Water Action, Natural Resources Defense Council, & Sierra Club, Amicus Curiae.

John J. Zimmerman, Esq. , for Damascus Citizens for Sustainability Inc., Amicus Curiae.

Matthew Hermann Haverstick, Esq. , Mark Edward Seiberling, Esq. , Joshua John Voss, Esq. , for Pennsylvania Public Utility Commission, Appellant.

John J. Arminas, Esq. , Jonathan Mark Kamin, Esq. , Goldberg, Kamin & Garvin, Jennifer Lynn Fahnestock, Esq. , William A. Johnson, Esq. , Susan Jill Kraham, Esq. , Thomas P. McDermott, Esq. , Gaitens, Tucceri & Nicholas, P.C., John Michael Smith, Esq. , Smith Butz, L.L.C., Lauren M. Williams, Esq. , Jordan Berson Yeager, Esq. , Curtin & Heefner, L.L.P., for Twp. of Nockamixon; Twp. of S. Fayette; Peters Twp; Twp of Cecil; Mt. Pleasant Twp.; et al, Appellees.

Alexandra C. Chiaruttini, Esq. , Sean Martin Concannon, Esq. , Office of General Counsel, Elizabeth A. Davis, Esq. , Pennsylvania Department of Environmental Protection, Gregory R. Neuhauser, Esq. , PA Office of Attorney General, for Pennsylvania Department of Environmental Protection, Appellee.

Howard Greeley Hopkirk, Esq. , Gregory R. Neuhauser, Esq. , Pennsylvania Office of Attorney General, for Commonwealth of PA, Attorney General's Office, Appellee.

SAYLOR, C.J., EAKIN, BAER, TODD, DONOHUE, DOUGHERTY, WECHT, JJ.

OPINION

This is a consolidated appeal from the decision of the Commonwealth Court following our remand to that tribunal to resolve open issues pursuant to our Court's mandate in Robinson Township v. Commonwealth of Pennsylvania, 623 Pa. 564, 83 A.3d 901

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