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KWALWASSER v. COM., DEPT. OF ENV. RES.

131 Pa.Commw. 77 (1990)

569 A.2d 422

Robert KWALWASSER, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, and Kerry Coal Co., Respondents.

Commonwealth Court of Pennsylvania.

Decided February 1, 1990.

Attorney(s) appearing for the Case

Robert P. Ging, Jr., Confluence, for petitioner.

Ward T. Kelsey, Asst. Counsel, for respondent, Com. of Pa.

Before COLINS and McGINLEY, JJ., and NARICK, Senior Judge.

COLINS, Judge.

Robert Kwalwasser (Kwalwasser) petitions for review of an opinion and order of the Environmental Hearing Board (Board) dated December 22, 1988, which denied him an award of costs and attorneys fees under Section 4(b) of the Surface Mining Conservation and Reclamation Act (SMCRA), Act of May 31, 1945, P.L. 1198, as amended, 52 P.S. § 1396.4(b).

The Department of Environmental...

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