Protect PT v. Penn Twp ZHB

• Court: Supreme Court of Pennsylvania
• Decided: January 5, 2021
• Docket: 248 WAL 2020 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

PROTECT PT, : No. 247 WAL 2020 : Petitioner : : Petition for Allowance of Appeal : from the Order of the v. : Commonwealth Court : : PENN TOWNSHIP ZONING HEARING : BOARD AND OLYMPUS ENERGY LLC, : : Respondents : PROTECT PT, : No. 248 WAL 2020 : Petitioner : : Petition for Allowance of Appeal : from the Order of the v. : Commonwealth Court : : PENN TOWNSHIP ZONING HEARING : BOARD AND OLYMPUS ENERGY LLC , : : Respondents :

ORDER

PER CURIAM

AND NOW, this 5th day of January, 2021, the Petition for Allowance of Appeal is

GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all

remaining issues. The issues, as stated by petitioner, are:

(1) Whether the Commonwealth Court’s opinion conflicts with the Court’s previous application of the capricious disregard of evidence standard and creates an issue of such substantial public importance as to require prompt and definitive resolution by this Honorable Court? (2) Whether the Commonwealth Court’s failure to meaningfully evaluate the cumulative impacts of developing multiple unconventional natural gas wells in close proximity to residential neighborhoods creating high probability of adverse, abnormal or detrimental effects on public health, safety and welfare and significantly altering the character of the community was an abuse of discretion which creates a question of first impression of such public importance which requires this Honorable Court’s prompt and definitive resolution?

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