Opinion
No. 312 EAL 2021 No. 313 EAL 2021
08-03-2023
Clifford COLE, Pamela West, Brian Weirback, Kathy Weirback, Todd Shelly and Christine Shelly, Respondents v. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner West Rockhill Township, Respondent v. Department of Environmental Protection, Petitioner
ORDER
PER CURIAM
AND NOW , this 3rd day of August, 2023, the Petitions for Allowance of Appeal are GRANTED . The issues as stated by Petitioner are:
(1) Did the Commonwealth Court err in deciding that the Pennsylvania Environmental Hearing Board has jurisdiction to hear appeals of DEP actions on projects regulated by the Federal Energy Regulatory Commission under the Natural Gas Act when the Natural Gas Act grants the Third Circuit original and exclusive jurisdiction to review state agency actions related to interstate domestic energy projects?
(2) Did the Commonwealth Court contradict other appellate courts in deciding that both the EHB and the Third Circuit have jurisdiction to hear an appeal of DEP's action?
The Prothonotary is directed to list these cases for argument together with the appeals granted at 415-416 MAL 2021.
Justice Brobson did not participate in the consideration or decision of this matter.