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KERRY COAL CO. v. D.E.R.

No. 731 C.D. 1979.

56 Pa.Commw. 364 (1981)

Kerry Coal Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

January 29, 1981.

Attorney(s) appearing for the Case

Steven L. Friedman, with him Stephen C. Braverman, Dilworth, Paxson, Kalish, Levy & Kauffman, for petitioner.

Elissa A. Parker, Assistant Attorney General, for respondent.

Argued December 9, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, CRAIG, MacPHAIL, WILLIAMS, JR. and PALLADINO.

OPINION BY JUDGE WILKINSON, JR., January 29, 1981:

Petitioner appeals from an order of the Environmental Hearing Board (Board) upholding conditions imposed by respondent Department of Environmental Resources (Department) on petitioner's surface mining operations. We reverse and remand.

On April 15, 1977 petitioner applied to the Department for an amendment to a 1975 mine drainage permit and on June...

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