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DEP. v. CUMBERLAND COAL RESOURCES, LP

Nos. 4 WAP 2013, 5 WAP 2013

102 A.3d 962 (2014)

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

Supreme Court of Pennsylvania.

Decided September 24, 2014.

Attorney(s) appearing for the Case

Mary Martha Truschel, Esq. , Dennis A. Whitaker, Esq. , PA Department of Environmental Protection, for Department of Environmental Protection.

Patrick Wayne Dennison, Esq. , Pittsburgh, Jessica Maria Jurasko, Esq. , Ralph Henry Moore II, Esq. , Jackson Kelly, P.L.L.C., Arthur Max Wolfson, Esq. , Pittsburgh, for Emerald Coal Resources, et al.

Patrick Wayne Dennison, Esq. , Pittsburgh, Jessica Maria Jurasko, Esq. , Ralph Henry Moore II, Esq. , Jackson Kelly, P.L.L.C., Arthur Max Wolfson, Esq. , Pittsburgh, for Cumberland Coal Resources, et al.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

In this appeal by allowance, we consider, inter alia, the scope of the authority of the Department of Environmental Protection ("DEP") to issue administrative orders under the Bituminous Coal Mine Safety Act.1 For the reasons that follow, we find that the DEP acted within...

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