Bowfin v. DEP; Apl of: Citizens

Opinion

[J-33C-2025 and J-33D-2025]

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

JESSICA SHIRLEY, INTERIM ACTING : No. 110 MAP 2023 SECRETARY OF THE DEPARTMENT OF : ENVIRONMENTAL PROTECTION AND : Appeal from the Order of the INTERIM ACTING CHAIRPERSON OF : Commonwealth Court at No. 41 MD THE ENVIRONMENTAL QUALITY BOARD : 2022 dated November 1, 2023 : : ARGUED: May 13, 2025

v. :

: :

PENNSYLVANIA LEGISLATIVE : REFERENCE BUREAU, STEPHANIE : FIELDER LATIMORE, DIRECTOR OF THE : LEGISLATIVE REFERENCE BUREAU, : AND AMY J. MENDELSOHN, DIRECTOR : OF THE PENNSYLVANIA CODE AND : BULLETIN :

: :

APPEAL OF: CITIZENS FOR : PENNSYLVANIA'S FUTURE, CLEAN AIR : COUNCIL, AND THE SIERRA CLUB AND : ITS PENNSYLVANIA CHAPTER, :

:

Possible Intervenors :

BOWFIN KEYCON HOLDINGS, LLC; : No. 111 MAP 2023 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 HERITAGE POWER, LLC; : MD 2022 dated November 1, 2023 PENNSYLVANIA COAL ALLIANCE; : UNITED MINE WORKERS OF AMERICA; : ARGUED: May 13, 2025 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, CLEAN AIR : COUNCIL, THE SIERRA CLUB AND ITS : PENNSYLVANIA CHAPTER, AND : ENVIRONMENTAL DEFENSE FUND, :

:

Possible Intervenors :

ORDER

PER CURIAM AND NOW, this 6th day of January, 2026, upon consideration of Senate Appellees’

Application to Dismiss Appeal (110 MAP 2023) and the responses thereto, it is hereby

ORDERED that the application is GRANTED and the appeal docketed at 110 MAP 2023

is DISMISSED as moot. It is further ORDERED that, in light of the enactment of Act 45

of 2025, the appeal docketed at 111 MAP 2023 has also become moot and is, therefore,

DISMISSED.

It is further ORDERED that applications of Possible Intervenors/Appellants to file

responses to the applications to discontinue filed in 106 and 107 MAP 2023 are

GRANTED. The Prothonotary is DIRECTED to docket the responses, attached as

Exhibit A to each application, accordingly.

[J-33C-2025 and J-33D-2025] - 2