Transcontinental Gas Pipe Line Co LLC v. Pennsylvania Environmental Hearing Board

110 F.4th 612

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 23-2052

TRANSCONTINENTAL GAS PIPE LINE CO., LLC, Appellant v. PENNSYLVANIA ENVIRONMENTAL HEARING BOARD; STEVEN C. BECKMAN; BERNARD A. LABUSKES, JR.; MICHELLE A. COLEMAN; SARAH J. CLARK; CITIZENS FOR PENNSYLVANIA’S FUTURE; DELAWARE RIVERKEEPER NETWORK; MAYA K. VAN ROSSUM

(M.D. Pa. No. 1-23-cv-00463)

SUR PETITION FOR REHEARING

Present: CHAGARES, Chief Judge, JORDAN, HARDIMAN, SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, FREEMAN, MONTGOMERY-REEVES, and CHUNG, Circuit Judges.

The petition for rehearing filed by Appellant in the above-entitled case having

been submitted to the judges who participated in the decision of this Court, it is hereby

ORDERED that the petition for rehearing by the panel is denied, however, the Clerk is

directed to file the amended opinion that changes the final “Clean Water Act” on page 22

to “Natural Gas Act.” As the revision does not affect the disposition of the appeal, the

judgment will remain as filed. The petition for rehearing filed by Appellant also having been submitted to all the

other available circuit judges of the circuit in regular active service and a majority of the

judges of the circuit in regular service not having voted for rehearing, it is hereby

ORDERED that the petition for rehearing by the Court en banc is denied.

BY THE COURT,

s/ Peter J. Phipps Circuit Judge

Date: August 8, 2024 Lmr/cc: All Counsel of Record