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ROCHEZ BROS., INC., ET AL., APLNT. v. D. E. R.

No. 506 C.D. 1974.

18 Pa.Commw. 137 (1975)

Rochez Bros., Inc., d/b/a Lucerne Coke Co., Appellant, v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee.

Commonwealth Court of Pennsylvania.

March 19, 1975.

Attorney(s) appearing for the Case

Ralph H. German, with him William S. Smith and Houston, Cooper, Speer & German, for appellant.

Eric R. Pearson, Special Assistant Attorney General, for appellee.

Argued January 6, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, March 19, 1975:

This is an appeal filed by Rochez Brothers, Inc., d/b/a Lucerne Coke Company (Lucerne) from an order of the Environmental Hearing Board (Board) dated March 25, 1974 which affirmed the refusal by the Department of Environmental Resources (DER) to approve Lucerne's application to reactivate its beehive coke ovens.

Most of the basic facts are not in dispute. In...

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