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MACHIPONGO LAND AND COAL CO. v. DEPT. OF ENVIR. RES.

719 A.2d 19 (1998)

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 September 30, 1998.

As Amended October 1, 1998.

Reargument Denied October 30, 1998.

Attorney(s) appearing for the Case

Carl A. Belin, Jr., Clearfield, Joel R. Burcat, Harrisburg, for petitioners.

Richard P. Mather, Joseph Pizarchik, Harrisburg, for respondents.

Before PELLEGRINI and KELLEY (P.), JJ., and RODGERS, Senior Judge.

PELLEGRINI, Judge.

Before this Court is a motion for summary judgment filed by the Commonwealth of Pennsylvania, Department of Environmental Protection (DER), the Environmental Quality Board (EQB) and Arthur A. Davis, Secretary of the Department of Environmental Resources (collectively, the Commonwealth) in response to a petition for review filed by Machipongo Land and Coal Company, Inc., the Victor E. Erickson Trust and Joseph...

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