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CONSOL v. DEPT. OF ENVT'L PROTECTION

No. 1326 C.D. 2010.

25 A.3d 421 (2011)

CONSOL PENNSYLVANIA COAL COMPANY, LLC, Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 30, 2011.

Attorney(s) appearing for the Case

Brandon D. Coneby , Pittsburgh, for petitioner.

Barbara J. Grabowski , Pittsburgh, for respondent.

David C. Hook , Waynesburg, for intervenors Kenneth and Kimberly Jones, husband and wife.

BEFORE: LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge LEAVITT.

Consol Pennsylvania Coal Company, LLC petitions this Court to review an adjudication of the Environmental Hearing Board granting, in part, the appeal of Kenneth and Kim Jones from the Department of Environmental Protection's determination that their 2004 water loss complaint did not include two springs located on their property. The Board held that the Department's investigation should have included an inquiry into whether Consol was responsible...

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