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KENT COAL M. CO. v. PennDER

No. 2924 C.D. 1987.

121 Pa.Commw. 149 (1988)

550 A.2d 279

Kent Coal Mining Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

November 15, 1988.

Attorney(s) appearing for the Case

Henry McC. Ingram, Rose, Schmidt, Chapman, Duff & Hasley, with him, Thomas C. Reed, Buchanan Ingersoll, P.C., for petitioners.

Katherine S. Dunlop, Assistant Counsel, with her, Barbara H. Brandon, Assistant Counsel, for respondent.

Argued October 6, 1988, before Judges CRAIG and McGINLEY, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE CRAIG, November 15, 1988:

Kent Coal Mining Company (Kent Coal or the company) appeals from an order of the Environmental Hearing Board (EHB or the board) that assessed a civil penalty against the company.

The issue is whether the statute that empowered the Department of Environmental Resources (DER or the department) to assess civil penalties in cases such as this modified the doctrine of finality of administrative decisions so as to permit...

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