The opinion
IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, No. 35 WAP 2022
DEPARTMENT OF ENVIRONMENTAL
PROTECTION, Appeal from the Order of the
Commonwealth Court at No. 126
Appellee MD 2017 dated July 12, 2022
V.
GRANT TOWNSHIP OF INDIANA COUNTY
AND THE GRANT TOWNSHIP BOARD OF
SUPERVISORS,
Appellants
ORDER
PER CURIAM
AND NOW, this 22nd day of August, 2023, the July 12, 2022 Order of the
Commonwealth Court granting the Application for Summary Relief filed by Intervenor,
Pennsylvania General Energy Company, LLC, based on the grounds of res judicata and
collateral estoppel is AFFIRMED IN PART. The portion of the Order that invalidates
Grant Township's Home Rule Charter in its entirety is VACATED. We remand to the
Commonwealth Court to perform aseverability analysis.
The order is affirmed as to the dismissal of the Department of Environmental
Protection's Petition for Review in the Nature of a Complaint and Grant Township's
Counterclaims.
Jurisdiction relinquished.