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PA. COAL MIN. ASS'N v. COM., ETC.

498 Pa. 1 (1982)

444 A.2d 637

PENNSYLVANIA COAL MINING ASSOCIATION, et al., and Keystone Bituminous Coal Association, et al., v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, et al., Appellants at Nos. 81-1-16 and 81-1-22. Appeal of PENNSYLVANIA CHAPTER OF TROUT UNLIMITED at No. 81-1-7. Appeal of PENNSYLVANIA ENVIRONMENTAL COUNCIL, INC., et al. at No. 81-1-71.

Supreme Court of Pennsylvania.

Decided April 21, 1982.

Attorney(s) appearing for the Case

Patrick C. McGinley, Katherine H. Fein, Pittsburgh, for Pennsylvania Chapter of Trout Unlimited.

Douglas R. Blazey, Chief Counsel, Dept. of Environmental Resources, James D. Morris, Asst. Atty. Gen., Harrisburg, for Dept. of Environmental Resources.

Steven L. Friedman, Dilworth, Paxson, Kalish & Levy, Thomas J. Elliott, Stephen C. Braverman, Timothy W. Callahan, Philadelphia, for Pa. Coal Min. Ass'n, et al.

Henry McC. Ingram, Thomas C. Reed, Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, Pittsburgh, for Keystone Bituminous Coal Ass'n, et al.

OPINION

NIX, Justice.

On November 11, 1980, the Pennsylvania Coal Mining Association (PCMA), Sunbeam Coal Corporation, and West Freedom Mining Corporation filed a petition for review in the Commonwealth Court in the nature of a complaint in equity seeking to enjoin the appellants, Department of Environmental Resources, et al., (DER) from submitting a State Program to the Office of Surface Mining of the Department of Interior (OSM) under the Federal Surface...

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