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DEP v. CUMBERLAND COAL RESOURCES

No. 495 C.D. 2010, 764 C.D. 2010.

29 A.3d 414 (2011)

DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner v. CUMBERLAND COAL RESOURCES, LP and Amfire Mining Co., LLC, Respondents. Department of Environmental Protection, Petitioner v. Emerald Coal Resources, L.P. and Cumberland Coal Resources, L.P., Respondents.

Commonwealth Court of Pennsylvania.

Decided September 20, 2011.

Attorney(s) appearing for the Case

Dennis Whitaker , Harrisburg, for petitioner.

Ralph Henry Moore, II , Pittsburgh, for respondents.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and PELLEGRINI, Judge, and SIMPSON, Judge, and LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge BROBSON.

In these consolidated appeals, Petitioner Department of Environmental Protection (DEP) petitions for review of two orders of the Environmental Hearing Board (EHB), both of which involve the Bituminous Coal Mine Safety Act (Act).1 In an order dated March 30, 2010, EHB granted summary judgment in favor of Respondents Emerald Coal Resources (Emerald) and Cumberland Coal Resources (Cumberland) (collectively, Emerald...

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