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DEPARTMENT OF ENVIRONMENTAL PROTECTION v. CUMBERLAND COAL RESOURCES, L.P.

Nos. 569 WAL 2011, 570 WAL 2011

63 A.3d 252 (2013)

DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner v. CUMBERLAND COAL RESOURCES, LP and Amf1re Mining Co., LLC, Respondents. Department of Environmental Protection, Petitioner v. Emerald Coal Resources, L.P. and Cumberland Coal Resources, L.P., Respondents.

Supreme Court of Pennsylvania.

March 11, 2013.

ORDER

PER CURIAM.

AND NOW, this 11th day of March, 2013, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner, are:

a. Is Commonwealth Court's restrictive construction of [the Bituminous Coal Mine Safety Act ("BCMSA"), 52 P.S. §§ 690-101 et seq.,] holding that the lack of specific delegation to the Department [of Environmental Protection] beyond "general enforcement...

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