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SIERRA CLUB v. JOHN HARTMAN (12/07/89)

decided: December 7, 1989.

THE SIERRA CLUB, PENNSYLVANIA CHAPTER ET AL., PETITIONERS,
v.
JOHN HARTMAN, EXECUTIVE DIRECTOR, LEGISLATIVE REFERENCE BUREAU; JOHN R. MCGINLEY, JR., ROBERT J. HARBISON, IRWIN G. ZIMMERMAN AND MARK D. SCHWARTZ, COMMISSIONERS OF THE INDEPENDENT REGULATORY REVIEW COMMISSION, RESPONDENTS



PETITION FOR REVIEW, (WITH NOTICE TO PLEAD.

COUNSEL

Timothy D. Searchinger, with him, Richard Feder, Fine, Kaplan and Black, and Eric B. Schnurer, for petitioners.

James L. Walsh, with him, Vincent C. DeLiberato, for respondent, John Hartman.

S. David Fineman, Fineman & Bach, P.C., and W.C. Matthews, III, Chief Counsel, for respondents McGinley, Jr., Harbison, Zimmerman and Schwartz, Com'rs of the Independent Regulatory Review Com'n.

Linda J. Shorey, with her, Ronald W. Chadwell, John P. Krill, Jr., and R. Timothy Weston, Kirkpatrick & Lockhart, for amici curiae, Robert Jubelirer, D. Michael Fisher, and The Senate of the Com. of Pa.

Crumlish, Jr., President Judge, and Barry, Colins, Palladino and Smith, JJ. McGinley, J., did not participate in the decision in this case. Smith, J., concurs in the result only. Barry, Judge, concurring.

Author: Colins

[ 130 Pa. Commw. Page 101]

PROCEDURAL HISTORY

The Sierra Club, Pennsylvania Chapter, the Delaware Valley Citizens Council for Clean Air, Group Against Smog and Pollution, the Bicycle Coalition of the Delaware Valley and Sara Nichols (petitioners) have filed a Petition for Review addressed to this Court's original jurisdiction. The Petition for Review seeks mandamus, equitable and declaratory relief. Respondents include John Hartman, Executive Director of the Legislative Reference Bureau; John R. McGinley, Jr., Chairman of the Independent Regulatory Review Commission (IRRC),*fn1 Commissioner Irwin G. Zimmerman, Commissioner Robert J. Harbison and Commissioner Mark D. Schwartz.

Petitioners sought consolidation of this case with the related case of Department of Environmental Resources v. Jubelirer, 130 Pa. Commonwealth Ct. 124, 567 A.2d 741 (1989). By order dated September 21, 1989, President Judge Crumlish denied the request for consolidation and scheduled en banc oral argument on this case for October 4, 1989, seriatim with Jubelirer. Petitioners have filed what is labeled a Motion for Judgment on a Stipulated Record.

[ 130 Pa. Commw. Page 102]

We shall treat this as a motion for summary judgment filed pursuant to ...


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