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MAPLE CREEK MINING, INC. v. LANG

No. 509 C.D. 2008.

968 A.2d 854 (2009)

MAPLE CREEK MINING, INC., Petitioner v. Fred W. LANG, Jr., Joyce E. Schuping, Delores Helquist, Sherry Wisman, and Department of Environmental Protection, Respondents.

Commonwealth Court of Pennsylvania.

Decided March 27, 2009.

Attorney(s) appearing for the Case

Brandon D. Coneby, Pittsburgh, for petitioner.

Kathleen Smith-Delach, Washington, for respondents, Fred W. Lang, Jr., Joyce E. Schuping, Delores Helquist and Sherry Wisman.

Michael J. Heilman, Asst. Regional Counsel, Pittsburgh, for respondent, Department of Environmental Protection.

BEFORE: LEADBETTER, President Judge, and COHN JUBELIRER, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

This case involves application of The Bituminous Mine Subsidence and Land Conservation Act (Act).1 Maple Creek Mining, Inc. (Maple Creek) petitions for review of the February 19, 2008 order (2008 Order) of the Environmental Hearing Board (Board), which denied its Motion for Approval of an Alternate Financial Vehicle (Motion) and directed it to pay individual Respondents, Fred W. Lang, Joyce E. Schuping...

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