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COMMONWEALTH v. HARMAR COAL CO.

452 Pa. 77 (1973)

Commonwealth, Appellant, v. Harmar Coal Company. Commonwealth, Appellant, v. Pittsburgh Coal Company.

Supreme Court of Pennsylvania.

March 16, 1973.

Attorney(s) appearing for the Case

Stanley R. Wolfe, Special Assistant Attorney General, with him K.W. James Rochow and William M. Cross, Assistant Attorneys General, and J. Shane Creamer, Attorney General, for Commonwealth, appellant.

Harold R. Schmidt, with him K. Leroy Irvis, Henry McC. Ingram, Edmund M. Craney, Michael W. Balfe, and Rose, Schmidt and Dixon, for appellee.

John D. Killian, Curtin Winsor, and Killian & Gephart, for Pennsylvania Environmental Council, Inc., Pennsylvania Federation of Sportsmen's Clubs, Inc., Pennsylvania State Council of Trout Unlimited and League of Women Voters of Pennsylvania, amici curiae.

Daniel J. Snyder, III, Regional Counsel, with him James J. Seeley, Assistant Regional Counsel, Jacob P. Hart, Director, Enforcement Division, The Environmental Protection Agency, Region III, for United States Environmental Protection Agency, amicus curiae.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY and NIX, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, March 16, 1973:

These appeals raise vital questions concerning the power of the Commonwealth's Department of Environmental Resources to control and eliminate water pollution. Although the procedural history of each appeal differs, both appeals raise similar legal issues and, therefore, are considered in one opinion.

On March 6, 1970, the Sanitary Water Board of the Commonwealth of Pennsylvania (Board) issued an adjudication...

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