John E. Kaites and Johnstown Coal and Coke, Inc., Petitioners
v.
Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.
Commonwealth Court of Pennsylvania.https://leagle.com/images/logo.png
Argued May 21, 1987.
August 6, 1987.
Attorney(s) appearing for the Case
George G. Mahfood, with him, Gregg M. Rosen and Regis J. Schnippert, Rosen & Mahfood, for petitioners.
Michael E. Arch, Assistant Counsel, with him, Marc A. Roda, Assistant Counsel, for respondent.
John M. Elliott, with him, Stephen C. Braverman, Baskin, Flaherty, Elliott & Mannino, P.C., for Amicus Curiae, Pennsylvania Coal Mining Association.
Argued May 21, 1987, before Judges MacPHAIL and COLINS, and Senior Judge NARICK, sitting as a panel of three.
Commonwealth Court of Pennsylvania.
OPINION BY JUDGE MacPHAIL, August 6, 1987:
John E. Kaites (Petitioner)1 has appealed from an order of the Environmental Hearing Board (Board) which, inter alia, denied his petition to reopen the record and entered summary judgment in favor of the Department of Environmental Resources (DER) thereby upholding DER's suspension of coal refuse and industrial waste permits issued...
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