MACHIPONGO LAND & COAL CO. v. COM.


544 Pa. 271 (1996)

676 A.2d 199

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

Supreme Court of Pennsylvania.

Decided May 21, 1996.


Attorney(s) appearing for the Case

Carl A. Belin, Jr., Clearfield, Andrew H. Cline, Joel R. Burcat, Harrisburg, for Machipongo Land & Coal Co., Inc., etc.

Joseph G. Pizarchik and Richard P. Mather, Harrisburg, for Com. Dept. of Environmental Resources, etc.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.


OPINION OF THE COURT

CASTILLE, Justice.

The sole issue raised on reargument before this Court is whether the Commonwealth Court or the Clearfield County Court of Common Pleas has jurisdiction over further proceedings concerning appellants' pre-enforcement challenges to an Environmental Quality Board ("EQB") regulation where there exists no adequate administrative remedy. For the reasons set forth below, we vacate our prior judgment remanding this...

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