PALLADINO, Judge.
Commonwealth of Pennsylvania, Department of Environmental Resources (DER) appeals an order of the Court of Common Pleas of Fayette County (trial court) which denied DER's preliminary objection in the nature of a demurrer to the complaint filed by CSX Transportation, Inc. (CSX). We reverse.
CSX operates a railroad system in the eastern United States which includes two main line tracks along the northerly bank of the Youghiogheny River. On...
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