Philadelphia Electric Co. v. Commonwealth
Philadelphia Electric Co. v. Commonwealth
Opinion of the Court
ORDER
Pending exhaustion of any administrative remedies, Appellees are permitted to continue construction of the Point Pleasant Water Diversion Project pursuant to permits as extended by the Department of Environmental Resources. The DER imposed condition prohibiting any construction under the permits during the period of extension is stayed until further order of the Court.
Dissenting Opinion
dissenting.
In view of the public interests involved in this case, it is my judgment that the order entered this day by the Court is ill-advised. Although our remand order of September 30, 1987, involved only certain aspects of the entire water project, it is conceivable that the Board’s further consideration of those aspects could affect the administrative percep
Dissenting Opinion
dissenting.
I join the dissenting statement filed by the Chief Justice, but would further impose a requirement that the Board act within thirty (30) days.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.