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GIBRALTAR ROCK v. ENVIRONMENTAL PROTECTION

No. 500 C.D. 2020.

258 A.3d 572 (2021)

GIBRALTAR ROCK, INC., Petitioner v. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 30, 2021.

Attorney(s) appearing for the Case

Steven B. Harris , Warrington, for Petitioner.

Andrew J. Bellwoar , West Chester, for Intervenor New Hanover Township.

Christopher P. Mullaney , Red Hill, for Intervenors Paradise Watchdogs/Ban the Quarry and John C. Auman.

Craig S. Lambeth , Assistant Counsel, Harrisburg, for Respondent.

BEFORE: HONORABLE MARY HANNAH LEAVITT, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE J. ANDREW CROMPTON, Judge.

Gibraltar Rock, Inc. (Gibraltar) petitions for review of an adjudication of the Pennsylvania Environmental Hearing Board (Board) that rescinded permits issued by the Department of Environmental Protection (DEP) for the operation of Gibraltar's rock quarry. The Board found that the rock quarry's proximity to another property...

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