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EMPIRE COAL MIN. & DEV. v. DER

150 Pa.Commw. 112 (1992)

615 A.2d 829

EMPIRE COAL MINING & DEVELOPMENT, INC., Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 19, 1992.

Reargument Denied October 6, 1992.

Attorney(s) appearing for the Case

W. Boyd Hughes, for petitioner.

Kurt J. Weist, Asst. Counsel, for respondent.

Before SMITH and KELLEY, JJ., and LORD, Senior Judge.

SMITH, Judge.

Empire Coal Mining & Development, Inc. (Empire) appeals from the order of the Environmental Hearing Board (Board) granting the motion for summary judgment filed by the Department of Environmental Resources (DER) and dismissing Empire's appeal from DER's denial of its surface mining permit application. The issues raised for review by this Court are whether Empire satisfied the requirement...

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