Pa. Justices Will Weigh If 'Bad Faith' Factors In Fee Fight

By Matthew Santoni (October 5, 2021, 6:18 PM EDT) -- The Supreme Court of Pennsylvania said Tuesday it will hear two appeals over whether environmental groups and a pair of homeowners could be denied their attorney fees in lawsuits over a Sunoco pipeline if neither side acted in "bad faith."

The justices agreed to grant reviews from the Clean Air Council, the Delaware Riverkeeper Network, the Mountain Watershed Association Inc., and Stephen and Ellen Gerhart over whether the state's Environmental Hearing Board and the Commonwealth Court should have applied the "catalyst test" to determine if their litigation made the other side provide some benefit in a settlement between Sunoco and the...

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