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MARCELLUS SHALE v. DEPT. OF ENV'L PROT.

No. 573 M.D. 2016.

216 A.3d 448 (2019)

The MARCELLUS SHALE COALITION, Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION of the Commonwealth of Pennsylvania and Environmental Quality Board of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 22, 2019.

Attorney(s) appearing for the Case

Jean M. Mosites , Pittsburgh, for Petitioner.

Elizabeth A. Davis , Assistant Counsel, Nels J. Taber, Sr. Litigation Counsel, and Joseph M. Iole , Assistant Counsel, Harrisburg, for Respondent Department of Environmental Protection.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge.

TABLE OF CONTENTS

I. INTRODUCTION...456

II. PROCEDURAL HISTORY...457

III. GOVERNING LEGAL STANDARDS...458

A. Summary Relief...458

B. Declaratory Relief...458

C. Tire Jockey...459

IV. ANALYSIS OF CROSS-APPLICATIONS...460

A. Area of Review (Count II...

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