PA. COAL MINING ASSN. ET AL. v. D.E.R. ET AL.

Nos. 2718 C.D. 1980 and 2719 C.D. 1980.

70 Pa.Commw. 489 (1982)

Pennsylvania Coal Mining Association et al., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources et al., Respondents. Keystone Bituminous Coal Association et al., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources et al., Respondents.

Commonwealth Court of Pennsylvania.

December 22, 1982.


Attorney(s) appearing for the Case

Steven L. Friedman, with him Stephen C. Braverman, Dilworth, Paxson, Kalish & Levy, for petitioners, Pennsylvania Coal Mining Association, Sunbeam Coal Corporation, and West Freedom Mining Corporation.

Henry McC. Ingram, with him Thomas C. Reed, Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, for petitioners, Keystone Bituminous Coal Association; The Bethlehem Mines Corporation; Consolidation Coal Company; Jones & Laughlin Steel Corporation; The North American Coal Corporation; Republic Steel Corporation; Rochester & Pittsburgh Coal Company; United States Steel Corporation; and Charles H. Muse, Jr., an individual.

James D. Morris, Assistant Attorney General, with him Douglas R. Blazey, Assistant Attorney General, for respondents.

Argued June 2, 1981, before President Judge CRUMLISH, JR. and Judges MENCER, BLATT, WILLIAMS, JR. and CRAIG.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 22, 1982:

In this consolidated action, the Petitioners1 have filed petitions and amended petitions for review in the the nature of complaints in equity2 seeking to enjoin the Respondents3 from submitting or resubmitting a state program of surface coal mining regulation to...

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