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SIERRA CLUB v. ENVIRONMENTAL PROTECTION

No. 563 C.D. 2018.

211 A.3d 919 (2019)

SIERRA CLUB, Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 11, 2019.

Attorney(s) appearing for the Case

Emily A. Collins , Akron, OH and Ryan E. Hamilton , Pittsburgh, for petitioner.

Jessie A. Allen , pro hac vice, Pittsburgh, for petitioner.

Harry Weiss , Philadelphia, for intervenor Lackawanna Energy Center LLC.

Sean L. Robbins , Assistant Counsel, Wilkes-Barre, for respondent.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge.

In this appeal from a decision by the Pennsylvania Environmental Hearing Board (EHB), Petitioner the Sierra Club contends that the EHB erred when it denied the Sierra Club's Application for Fees and Costs (Fee Application) from the Pennsylvania Department of Environmental Protection (Department) under Section 307(b) of...

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