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RAG CUMBERLAND RESOURCES L.P. v. DEPT. OF ENVIRONMENTAL PROTECTION

869 A.2d 1065 (2005)

RAG CUMBERLAND RESOURCES L.P. and Rag Emerald Resources L.P., Petitioners, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 9, 2005.

Reargument Denied April 12, 2005.

Attorney(s) appearing for the Case

Ralph Henry Moore, II, Pittsburgh, for petitioners.

Mary Martha Truschel, Asst. Counsel, Pittsburgh, for respondent. Claudia Davidson, Pittsburgh, for intervenor, United Mine Workers of America.

BEFORE: FRIEDMAN, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

RAG Cumberland Resources LP (Cumberland) and RAG Emerald Resources LP (Emerald) (collectively Petitioners) petition for review of a decision of the Environmental Hearing Board (Board) that granted summary judgment in favor of the Department of Environmental Protection (Department). This case involves a single issue of law: whether Petitioners' mine inspection procedures satisfy the requirements of Section 228(a) of the Bituminous Coal Mine...

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