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MACHIPONGO LAND & COAL v. COM., DER

155 Pa.Commw. 72 (1993)

624 A.2d 742

MACHIPONGO LAND AND COAL COMPANY, INC. and the Victor E. Erickson Trust and Joseph Naughton, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, the Environmental Quality Board, and Arthur A. Davis, Secretary of Environmental Resources, Respondents.

Commonwealth Court of Pennsylvania.

Decided April 15, 1993.

Reargument Denied May 14, 1993.

Attorney(s) appearing for the Case

Andrew H. Cline and Joel R. Burcat, for petitioners.

Joseph G. Pizarchik, Asst. Counsel, for respondents.

Before DOYLE and PELLEGRINI, JJ., and SILVESTRI, Senior Judge.

PELLEGRINI, Judge.

Machipongo Land and Coal Company, Inc., the Victor E. Erickson Trust and Joseph Naughton (Coal Owners) filed a petition for review in our original jurisdiction,1 seeking equitable and declaratory relief against the Commonwealth of Pennsylvania Department of Environmental Resources (DER), the Environmental Quality Board (EQB) and Arthur A. Davis, Secretary of Environmental Resources (collectively, the Commonwealth), challenging...

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