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D.E.R. v. MON. AND OHIO DREDGING

No. 11 C.D. 1975.

21 Pa.Commw. 453 (1975)

Commonwealth of Pennsylvania, Department of Environmental Resources v. Monongahela and Ohio Dredging Co., Appellant.

Commonwealth Court of Pennsylvania.

October 28, 1975.

Attorney(s) appearing for the Case

Frank E. Coho, for appellant.

Thomas M. Burke, Special Assistant Attorney General, with him Elissa A. Parker, Special Assistant Attorney General, for appellee.

Argued September 9, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., October 28, 1975:

This is an appeal from an adjudication and order of the Environmental Hearing Board (EHB) affirming the power of the Department of Environmental Resources (DER) to issue a cease and desist order, without hearing, against the Monongahela and Ohio Dredging Company (Appellant) restraining Appellant from all acts which result or may result in a change of the cross section of the Allegheny River until DER approval is obtained...

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