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MATHIES COAL v. DEPT. OF ENV. RES.

522 Pa. 7 (1989)

559 A.2d 506

MATHIES COAL COMPANY, Appellee, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Appellant.

Supreme Court of Pennsylvania.

Decided May 30, 1989.

Attorney(s) appearing for the Case

Zelda Curtiss, Asst. Counsel, Barbara H. Brandon, Director, Western Region Office of Chief Counsel, Dept. of Environmental Resources, Pittsburgh, for appellant.

Chester R. Babst, III, Joseph M. Karas, Babst, Calland, Clements & Zomnir, P.C., Pittsburgh, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

LARSEN, Justice.

The Commonwealth of Pennsylvania, Department of Environmental Resources (DER) appeals the decision of the Commonwealth Court which reversed in part and affirmed in part an Order of the Environmental Hearing Board (Board) dismissing the appellee, Mathies Coal Company's (Mathies) challenge of certain effluent limitations imposed by the DER in Mathies' National Pollutant Discharge...

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