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ARSENAL COAL CO. ET AL. v. DER ET AL.

No. 1937 C.D. 1982.

71 Pa.Commw. 187 (1983)

Arsenal Coal Company et al., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources et al., Respondents.

Commonwealth Court of Pennsylvania.

January 13, 1983.

Attorney(s) appearing for the Case

James J. Curran, with him Edward E. Kopko, for petitioners.

John C. Dernbach, Assistant Counsel, with him Peter Shelley, Gary L. Martin, and Douglas R. Blazey, Assistant Counsels, for respondents.

Argued November 16, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, WILLIAMS, JR. and MacPHAIL.

OPINION BY JUDGE BLATT, January 13, 1983:

Before us are the preliminary objections of the Department of Environmental Resoudces (DER) to a petition filed by the petitioners, who are coal mine operators and producers located throughout the anthracite region of the Commonwealth. The said petitioners sought preliminarily1 and then permanently to enjoin the DER from implementing certain regulations promulgated by the Environmental Quality...

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