Bowfin KeyCon Hldgs. v. DEP

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

BOWFIN KEYCON HOLDINGS, LLC; CHIEF : No. 80 MAP 2022 POWER FINANCE II, LLC; CHIEF POWER : TRANSFER PARENT, LLC; KEYCON : Appeal from the Order of the POWER HOLDINGS, LLC; GENON : Commonwealth Court at No. 247 HOLDINGS, INC.; PENNSYLVANIA COAL : MD 2022 dated July 8, 2022 ALLIANCE; UNITED MINE WORKERS OF : AMERICA; INTERNATIONAL : BROTHERHOOD OF ELECTRICAL : WORKERS; AND INTERNATIONAL : BROTHERHOOD OF BOILERMAKERS, : IRON SHIP BUILDERS, BLACKSMITHS, : FORGERS AND HELPERS, :

:

Appellees :

: :

v. :

: :

PENNSYLVANIA DEPARTMENT OF : ENVIRONMENTAL PROTECTION AND : PENNSYLVANIA ENVIRONMENTAL : QUALITY BOARD, :

:

Appellants :

BOWFIN KEYCON HOLDINGS, LLC; CHIEF : No. 86 MAP 2022 POWER FINANCE II, LLC; CHIEF POWER : TRANSFER PARENT, LLC; KEYCON : Appeal from the Order of the POWER HOLDINGS, LLC; GENON : Commonwealth Court at No. 247 HOLDINGS, INC.; PENNSYLVANIA COAL : MD 2022 dated June 28, 2022 ALLIANCE; UNITED MINE WORKERS OF : AMERICA; INTERNATIONAL : BROTHERHOOD OF ELECTRICAL : WORKERS; AND INTERNATIONAL : BROTHERHOOD OF BOILERMAKERS, : IRON SHIP BUILDERS, BLACKSMITHS, : FORGERS AND HELPERS :

: :

v. :

: :

PENNSYLVANIA DEPARTMENT OF : ENVIRONMENTAL PROTECTION AND : PENNSYLVANIA ENVIRONMENTAL : QUALITY BOARD :

: :

APPEAL OF: CITIZENS FOR : PENNSYLVANIA'S FUTURE, SIERRA : CLUB, CLEAN AIR COUNCIL, AND : ENVIRONMENTAL DEFENSE FUND, :

:

Possible Intervenors :

:

BOWFIN KEYCON HOLDINGS, LLC; CHIEF : No. 88 MAP 2022 POWER FINANCE II, LLC; CHIEF POWER : TRANSFER PARENT, LLC; KEYCON : Appeal from the Order of the POWER HOLDINGS, LLC; GENON : Commonwealth Court at No. 247 HOLDINGS, INC.; PENNSYLVANIA COAL : MD 2022 dated July 8, 2022 ALLIANCE; UNITED MINE WORKERS OF : AMERICA; INTERNATIONAL : BROTHERHOOD OF ELECTRICAL : WORKERS; AND INTERNATIONAL : BROTHERHOOD OF BOILERMAKERS, : IRON SHIP BUILDERS, BLACKSMITHS, : FORGERS AND HELPERS :

: :

v. :

: :

PENNSYLVANIA DEPARTMENT OF : ENVIRONMENTAL PROTECTION AND : PENNSYLVANIA ENVIRONMENTAL : QUALITY BOARD :

: :

APPEAL OF: CITIZENS FOR : PENNSYLVANIA'S FUTURE, SIERRA : CLUB, CLEAN AIR COUNCIL, AND : ENVIRONMENTAL DEFENSE FUND, :

:

Possible Intervenors :

3

:

BOWFIN KEYCON HOLDINGS, LLC; : No. 89 MAP 2022 CHIEF POWER FINANCE II, LLC; CHIEF : POWER TRANSFER PARENT, LLC; : Appeal from the Order of the KEYCON POWER HOLDINGS, LLC; : Commonwealth Court at No. 247 GENON HOLDINGS, INC.; : MD 2022 dated July 8, 2022 PENNSYLVANIA COAL ALLIANCE; : UNITED MINE WORKERS OF : AMERICA;INTERNATIONAL : BROTHERHOOD OF ELECTRICAL : WORKERS; AND INTERNATIONAL : BROTHERHOOD OF BOILERMAKERS, : IRON SHIP BUILDERS, BLACKSMITHS, : FORGERS AND HELPERS, :

:

Appellants :

: :

v. :

: :

PENNSYLVANIA DEPARTMENT OF : ENVIRONMENTAL PROTECTION AND : PENNSYLVANIA ENVIRONMENTAL : QUALITY BOARD, :

:

Appellees :

ORDER

PER CURIAM DECIDED: March 24, 2023

AND NOW, this 24th day of March, 2023, in the appeals docketed at 80 MAP 2022

and 88 MAP 2022, the requests to dismiss these appeals as moot are GRANTED due to

Appellees’ failure to submit the bond required to secure the preliminary injunction under

Rule 1531(b). See Mamula v. United Steelworkers of America, 185 A.2d 595, 597 (Pa.

1962) (holding that an injunction issued without the filing of a bond was a nullity and that

the Court had no jurisdiction over an appeal therefrom). The Application for Relief in the

4

Form of a Motion to Quash the appeal docketed at 88 MAP 2022 is DENIED. The appeal

docketed at 86 MAP 2022 is submitted on the briefs. In the appeal docketed at 89 MAP

2022, the Court being unable to reach consensus, the Order of the Commonwealth Court

imposing a bond as required by Pa.R.Civ.P. 1531(b)(1) is AFFIRMED.

Justice Donohue files a concurring statement in which Justice Dougherty joins.

Justice Wecht files a concurring statement.

Justice Mundy files a concurring and dissenting statement in which Justice

Brobson joins.