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DEPARTMENT ENVIRONMENTAL RESOURCES v. JUBELIRER (12/27/89)

December 27, 1989

DEPARTMENT OF ENVIRONMENTAL RESOURCES
v.
JUBELIRER



COUNSEL

Linda J. Shorey, John P. Krill, R. Timothy Weston, Harrisburg, for Robert Jubelirer, D. Michael Fisher and The Senate of Pa., for appellants.

James L. Walsh, Vincent C. DeLiberato, Robert W. Zech, Jr., Harrisburg, for Garry R. Hoffman, John Hartman and Legislative Reference Bureau.

William Titelman, Pittsburgh, amicus, for House of Representatives.

Ernest D. Preate, Jr., Atty. Gen., for Comm. of Pa. at No. 65.

S. David Fineman, Norman S. Berson, Harold K. Cohen, Philadelphia, W.C. Matthews, III, Coatesville, for Independent Regulatory Review Comm'n at No. 65.

Henry G. Barr, Harrisburg, for Amicus--Pa. Chamber of Business & Industry at No. 65.

Douglas Y. Christian, Judith L. Rosenthal, Stanley L. Arabis, Philadelphia, for Amicus--Sun Co., Inc. at No. 65.

Keith Welks, Chief Counsel, Richard P. Mather, Asst. Counsel, Richard D. Spiegelman, Carl H. Shuman, Harrisburg, for Department of Environmental Resources at Nos. 65 & 66.

Thomas W. Scott, Harrisburg, for Pennsylvania State Education Association.

Allen Warshaw, Harrisburg, Hospital Association.

Before Nix, C.j., and Larsen, Flaherty, McDERMOTT, Zappala, Papadakos and Cappy, JJ.

Author: Nix

This matter concerns the application by respondents-appellants to reinstate the automatie supersedeas claimed under Pa.R.A.P. 1736(a)(1) and (b) and vacated by the Commonwealth Court. The pertinent facts are as follows:

Petitioner-appellee, the Department of Environmental Resources ("DER"), adopted regulations promulgated by the Environmental Quality Board ("EQB") which mandate a reduction of the Reid Vapor Pressure ("RVP") of gasoline sold in the Commonwealth. The regulations are more stringent than federal requirements. The Independent Regulatory Review Commission ("IRRC"), acting pursuant to the Regulatory Review Act, 71 P.S. ยง 745.1, et seq., disapproved the regulations and issued an order barring final publication, Subsequently, at the request of the Governor, the General Assembly considered the regulations. After a public hearing by ...


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