On Monday, May 16th, Consol filed a motion and memorandum of law asking the Environmental Hearing Board to remove and disregard portions of our Reply Brief, which was filed on May 9th. In event that the Board decided not to remove those portions of our Reply Brief, Consol’s motion requested permission to file a response to our Reply Brief and that the Environmental Hearing Board schedule oral argument before ruling on our motion for summary judgment.
On Friday, May 20th, our Staff Attorney, Sarah Winner, filed a response to Consol’s motion. You can read our response to Consol’s motion here.
On Monday, May 23, 2016, Judge Beckman issued an order denying Consol’s motion and declining to remove portions of our Reply Brief. Judge Beckman also denied Consol’s request for permission to file a response to our Reply Brief and for oral argument.
We’re glad that the Board rejected Consol’s request to re-argue the issues presented in our motion for summary judgment and look forward to the next steps in this important process for protecting streams across Pennsylvania.