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D. E. R., ET AL. v. PRECISION TUBE CO., INC.

No. 1414 C.D. 1975.

24 Pa.Commw. 647 (1976)

Commonwealth of Pennsylvania, Department of Environmental Resources and Commonwealth of Pennsylvania, Department of Transportation v. Precision Tube Co., Inc., Appellant.

Commonwealth Court of Pennsylvania.

May 28, 1976.

Attorney(s) appearing for the Case

Michael Sklaroff, with him Peter R. Pinney, James D. Crawford, J. Pennington Straus, and, of counsel, Schnader, Harrison, Segal & Lewis, for appellant.

Maxine Woelfling, Assistant Attorney General, for appellee.

John M. Hrubovcak, Assistant Attorney General, with him Gregory S. Ghen, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for intervening appellee.

Argued March 2, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE CRUMLISH, JR., May 28, 1976:

Precision Tube Co., Inc. (Appellant) appeals to us from an adjudication of the Environmental Hearing Board (Board). The Department of Environmental Resources (DER) granted two water obstruction permits to the Pennsylvania Department of Transportation (PennDOT) for the construction of culverts for a highway crossing over the Wissahickon Creek (Creek).

Although...

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