# DEP v. Grant Twp of Indiana Co., Aplts

> Supreme Court of Pennsylvania · August 22, 2023

URL: https://www.frixlaw.com/law-library/cases/9635830

## Case

- **Court:** Supreme Court of Pennsylvania
- **Decided:** August 22, 2023
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9635830

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9635830. Public record. Not legal advice.