FOUNDATION COAL RESOURCES CORP. v. DEP

No. 619 C.D. 2009.

993 A.2d 1277 (2010)

FOUNDATION COAL RESOURCES CORPORATION, Pennsylvania Land Holdings Corporation, and Realty Company of Pennsylvania, Petitioners v. DEPARTMENT OF ENVIRONMENTAL PROTECTION and Penneco Oil Company, Inc., Respondents.

Commonwealth Court of Pennsylvania.

Decided April 27, 2010.


Attorney(s) appearing for the Case

Brian J. Clark and Eugene E. Dice, Harrisburg, for petitioners.

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

John R. McGinley, Jr., Pittsburgh, for respondent, Penneco Oil Company, Inc.

BEFORE: LEADBETTER, President Judge, PELLEGRINI, Judge, SIMPSON, Judge, LEAVITT, Judge, and BUTLER, Judge.


OPINION BY President Judge LEADBETTER.

Foundation Coal Resources Corporation, Pennsylvania Land Holdings Corporation, and Realty Company of Pennsylvania (collectively, Foundation Coal) petition this court for review of the order of the Environmental Hearing Board (EHB), upholding the issuance of seven oil and gas well permits by the Department of Environmental Protection (DEP) to Penneco Oil Company, Inc. (Penneco). The issues are whether Foundation Coal had standing...

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