HIGHWAY AUTO SERVICE v. DER.

No. 501 C.D. 1980.

64 Pa.Commw. 160 (1982)

Highway Auto Service, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

January 19, 1982.


Attorney(s) appearing for the Case

William A. Degillio, with him Lawrence D. MacDonald, for petitioner.

John R. Embick, Assistant Attorney General, for respondent.

Argued December 18, 1981, before Judges ROGERS, BLATT and WILLIAMS, JR., sitting as a panel of three.


OPINION BY JUDGE ROGERS, January 19, 1982:

Highway Auto Service (Highway Auto) appeals from an order of the Environmental Hearing Board (EHB) dismissing as moot its appeal from an order of the Department of Environmental Resources (DER).

Employees of the DER on July 29, 1979 detected a continuing discharge of an oily substance into the Susquehanna River from a portal known as the Butler Mine Tunnel...

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