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MARCELLUS SHALE v. DEP'T OF ENVTL. PROT.

No. 69 MAP 2021.

292 A.3d 921 (2023)

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

Supreme Court of Pennsylvania.

Decided: April 19, 2023.

Attorney(s) appearing for the Case

Michael Adam Braymer, Esq., Michael Adam Braymer, Esq. , Elizabeth A. Davis, Esq. , Robert Anthony Reiley, Esq. , Richard Thurston Watling, Esq. , for Appellants.

Kevin J. Garber, Esq. , Jean M. Mosites, Esq. , Babst, Calland, Clements & Zomnir, P.C., for Appellee.

Alexis Andiman, Esq. , Mark Landis Freed, Esq. , Curtin Heefner LLP, Deborah Goldberg, Esq. , Moneen Nasmith, Esq. , Jordan Berson Yeager, Esq. , Curtin & Heefner LLP, John J. Zimmerman, Esq. , Zimmerman & Associates, for Amicus Curiae Damascus Citizens for Sustainability, Inc.

Ryan Edward Hamilton, Esq. , for Amicus Curiae Sierra Club.

Charles McPhedran, Esq. , EarthJustice, for Amici Curiae Earthworks, Damascus Citizens for Sustainability, Inc.

Justice Donohue delivers the Opinion of the Court with respect to Parts I-V, and VI(C)(2), and announces the Judgment of the Court.

OPINION

In this appeal as of right, we are asked to pass upon the breadth of the legislative rulemaking authority given to the Department of Environmental Protection (the "Department") and the Environmental Quality Board (the "Board") (collectively, the "Agencies") by the General Assembly in the...

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