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ENVIRONMENTAL FOUNDATION v. COMMONWEALTH

No. 228 M.D. 2012.

214 A.3d 748 (2019)

PENNSYLVANIA ENVIRONMENTAL DEFENSE FOUNDATION, Petitioner, v. COMMONWEALTH of Pennsylvania, and Governor of Pennsylvania, Thomas W. Corbett, Jr., in his official Capacity as Governor, Respondents.

Commonwealth Court of Pennsylvania.

Filed: July 29, 2019.

Attorney(s) appearing for the Case

John E. Childe , Camp Hill, for Petitioner.

M. Abbegael Giunta , Deputy General Counsel and Audrey F. Miner , Chief Counsel, Harrisburg, for Governor of Pennsylvania.

Howard G. Hopkirk , Sr. Deputy Attorney General, Harrisburg, for Commonwealth of Pennsylvania.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE ELLEN CEISLER, Judge.

OPINION BY JUDGE WOJCIK

This case returns to us following the Pennsylvania Supreme Court's remand in Pennsylvania Environmental Defense Foundation v. Commonwealth, 640 Pa. 55, 161 A.3d 911 (2017) (PEDF II). Before this Court for disposition are the parties' cross-applications for summary relief in this declaratory judgment action filed in our original jurisdiction.1 Petitioner...

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