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COM., DEP v. BETHENERGY MINES, INC.

758 A.2d 1168 (2000)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. BETHENERGY MINES, INC., Appellee.

Supreme Court of Pennsylvania.

Decided September 29, 2000.

Attorney(s) appearing for the Case

George Jugovic, Pittsburgh, for Com., Dept. of Environmental Protection.

Henry C. Ingram, Robert B. Hoffman, Harrisburg, for Bethenergy Mines, Inc.

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

OPINION

NEWMAN, Justice.

The issue presented in this appeal is whether Subsection 5(g) of the Bituminous Mine Subsidence and Land Conservation Act (Mine Subsidence Act), 52 P.S. § 1406.5(g),1 empowers the Environmental Hearing Board (Board) to award attorney's fees and costs to a party that successfully defends an enforcement action of the Department of Environmental Protection...

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