Robinson Twp., et al v. Pa. Public Utility Comm., Atty. General, and Dept. of Environmental Prot. - (per curiam order)

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[J-127A-D-2012] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT ROBINSON TOWNSHIP, WASHINGTON COUNTY, PA; BRIAN COPPOLA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR OF ROBINSON TOWNSHIP; TOWNSHIP OF NOCKAMIXON, BUCKS COUNTY, PA; TOWNSHIP OF SOUTH FAYETTE, ALLEGHENY COUNTY, PA; PETERS TOWNSHIP, WASHINGTON COUNTY, PA; DAVID M. BALL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS COUNCILMAN OF PETERS TOWNSHIP; TOWNSHIP OF CECIL, WASHINGTON COUNTY, PA; MOUNT PLEASANT TOWNSHIP, WASHINGTON COUNTY, PA; BOROUGH OF YARDLEY, BUCKS COUNTY, PA; DELAWARE RIVERKEEPER NETWORK; MAYA VAN ROSSUM, THE DELAWARE RIVERKEEPER; MEHERNOSH KHAN, M.D. : : : : : : : : : : : : : : : : : : v. : : : COMMONWEALTH OF PENNSYLVANIA; : PENNSYLVANIA PUBLIC UTILITY COMMISSION; : ROBERT F. POWELSON, IN HIS OFFICIAL : CAPACITY AS CHAIRMAN OF THE PUBLIC UTILITY : COMMISSION; OFFICE OF THE ATTORNEY : GENERAL OF PENNSYLVANIA; KATHLEEN KANE, : IN HER OFFICIAL CAPACITY AS ATTORNEY : GENERAL OF THE COMMONWEALTH OF : PENNSYLVANIA; PENNSYLVANIA DEPARTMENT : : OF ENVIRONMENTAL PROTECTION; and E. CHRISTOPHER ABRUZZO, IN HIS OFFICIAL : CAPACITY AS SECRETARY OF THE : DEPARTMENT OF ENVIRONMENTAL : PROTECTION : : : : APPEAL OF: PENNSYLVANIA PUBLIC UTILITY : COMMISSION; ROBERT F. POWELSON, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE : PUBLIC UTILITY COMMISSION; PENNSYLVANIA : DEPARTMENT OF ENVIRONMENTAL : PROTECTION; AND E. CHRISTOPHER ABRUZZO, : IN HIS OFFICIAL CAPACITY AS SECRETARY OF : THE DEPARTMENT OF ENVIRONMENTAL : PROTECTION : No. 63 MAP 2012 Application for Reargument or Reconsideration of the Opinions and Order entered by this Court on December 19, 2013 ROBINSON TOWNSHIP, WASHINGTON COUNTY, PA; BRIAN COPPOLA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR OF ROBINSON TOWNSHIP; TOWNSHIP OF NOCKAMIXON, BUCKS COUNTY, PA; TOWNSHIP OF SOUTH FAYETTE, ALLEGHENY COUNTY, PA; PETERS TOWNSHIP, WASHINGTON COUNTY, PA; DAVID M. BALL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS COUNCILMAN OF PETERS TOWNSHIP; TOWNSHIP OF CECIL, WASHINGTON COUNTY, PA; MOUNT PLEASANT TOWNSHIP, WASHINGTON COUNTY, PA; BOROUGH OF YARDLEY, BUCKS COUNTY, PA; DELAWARE RIVERKEEPER NETWORK; MAYA VAN ROSSUM, THE DELAWARE RIVERKEEPER; MEHERNOSH KHAN, M.D. : : : : : : : : : : : : : : : : v. : : COMMONWEALTH OF PENNSYLVANIA; : PENNSYLVANIA PUBLIC UTILITY COMMISSION; : ROBERT F. POWELSON, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE PUBLIC UTILITY : COMMISSION; OFFICE OF THE ATTORNEY : GENERAL OF PENNSYLVANIA; KATHLEEN KANE, : IN HER OFFICIAL CAPACITY AS ATTORNEY : GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA; PENNSYLVANIA DEPARTMENT : : OF ENVIRONMENTAL PROTECTION; AND E. : CHRISTOPHER ABRUZZO, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE : DEPARTMENT OF ENVIRONMENTAL : PROTECTION : : APPEAL OF: OFFICE OF THE ATTORNEY GENERAL OF PENNSYLVANIA; KATHLEEN KANE, : IN HER OFFICIAL CAPACITY AS ATTORNEY : GENERAL OF THE COMMONWEALTH OF : PENNSYLVANIA : : ROBINSON TOWNSHIP, WASHINGTON COUNTY, PA; BRIAN COPPOLA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR OF ROBINSON TOWNSHIP; TOWNSHIP OF NOCKAMIXON, BUCKS COUNTY, PA; TOWNSHIP OF SOUTH FAYETTE, ALLEGHENY COUNTY, PA; PETERS TOWNSHIP, WASHINGTON COUNTY, PA; DAVID M. BALL, INDIVIDUALLY AND IN HIS : : : : : : : : No. 64 MAP 2012 Application for Reargument or Reconsideration of the Opinions and Order entered by this Court on December 19, 2013 No. 72 MAP 2012 Application for Reargument or Reconsideration of the Opinions and Order entered by this Court on December 19, 2013 [J-127A-D-2012] - 2 OFFICIAL CAPACITY AS COUNCILMAN OF PETERS TOWNSHIP; TOWNSHIP OF CECIL, WASHINGTON COUNTY, PA; MOUNT PLEASANT TOWNSHIP, WASHINGTON COUNTY, PA; BOROUGH OF YARDLEY, BUCKS COUNTY, PA; DELAWARE RIVERKEEPER NETWORK; MAYA VAN ROSSUM, THE DELAWARE RIVERKEEPER; MEHERNOSH KHAN, M.D., Cross-appellants v. COMMONWEALTH OF PENNSYLVANIA; PENNSYLVANIA PUBLIC UTILITY COMMISSION; ROBERT F. POWELSON, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE PUBLIC UTILITY COMMISSION; OFFICE OF THE ATTORNEY GENERAL OF PENNSYLVANIA; KATHLEEN KANE, IN HER OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA; PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND E. CHRISTOPHER ABRUZZO, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, Cross-appellees ROBINSON TOWNSHIP, WASHINGTON COUNTY, PA; BRIAN COPPOLA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR OF ROBINSON TOWNSHIP; TOWNSHIP OF NOCKAMIXON, BUCKS COUNTY, PA; TOWNSHIP OF SOUTH FAYETTE, ALLEGHENY COUNTY, PA; PETERS TOWNSHIP, WASHINGTON COUNTY, PA; DAVID M. BALL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS COUNCILMAN OF PETERS TOWNSHIP; TOWNSHIP OF CECIL, WASHINGTON COUNTY, PA; MOUNT PLEASANT TOWNSHIP, WASHINGTON COUNTY, PA; BOROUGH OF YARDLEY, BUCKS COUNTY, PA; DELAWARE RIVERKEEPER NETWORK; MAYA VAN ROSSUM, THE DELAWARE RIVERKEEPER; MEHERNOSH KHAN, M.D., Cross-appellants : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : No. 73 MAP 2012 Application for Reargument or Reconsideration of the Opinions and Order entered by this Court on December 19, 2013 [J-127A-D-2012] - 3 : : : v. : : : COMMONWEALTH OF PENNSYLVANIA; PENNSYLVANIA PUBLIC UTILITY COMMISSION; : ROBERT F. POWELSON, IN HIS OFFICIAL : CAPACITY AS CHAIRMAN OF THE PUBLIC UTILITY : COMMISSION; OFFICE OF THE ATTORNEY : GENERAL OF PENNSYLVANIA; KATHLEEN KANE, : : IN HER OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE COMMONWEALTH OF : PENNSYLVANIA; PENNSYLVANIA DEPARTMENT : OF ENVIRONMENTAL PROTECTION; AND E. : CHRISTOPHER ABRUZZO, IN HIS OFFICIAL : CAPACITY AS SECRETARY OF THE : DEPARTMENT OF ENVIRONMENTAL : PROTECTION, : : Cross-appellees : ORDER PER CURIAM AND NOW, this 21st day of February, 2014, the Application for Reargument or Reconsideration of the Opinions and Order entered by this Court on December 19, 2013, is DENIED. Mr. Justice Saylor files a dissenting statement. [J-127A-D-2012] - 4

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