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HORSEHEAD RESOURCE DEVELOPMENT v. DEP

780 A.2d 856 (2001)

HORSEHEAD RESOURCE DEVELOPMENT COMPANY, INC., Petitioner, v. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 18, 2001.

Attorney(s) appearing for the Case

John P. Krill, Jr., Harrisburg, for petitioner.

Fayling Leung, Wilkes-Barre, for respondent.

Before DOYLE, President Judge, COLINS, McGINLEY, SMITH, PELLEGRINI, FLAHERTY and LEADBETTER, Judges.

SMITH, Judge.

Horsehead Resource Development Company, Inc. (Petitioner) petitions for review of an order of the Environmental Hearing Board (Board) that (1) granted a motion by the Department of Environmental Protection (DEP) to dismiss an appeal filed by Petitioner after DEP withdrew compliance orders against two other parties and they withdrew their appeals and (2) denied Petitioner's motion to reschedule a hearing on the...

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