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TWELVE VEIN COAL v. D. OF ENVIR. RES.

127 Pa.Commw. 430 (1989)

561 A.2d 1317

TWELVE VEIN COAL COMPANY, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 21, 1989.

Attorney(s) appearing for the Case

Eugene E. Dice, Harrisburg, for petitioner.

Mary Martha Truschel, Asst. Counsel, Harrisburg, for respondent.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, BARRY, COLINS, PALLADINO and SMITH, JJ.

DOYLE, Judge.

Before us for consideration is a petition for review of an order of the Environmental Hearing Board (EHB) filed by Twelve Vein Coal Company (Coal Company). In that order, EHB granted the motion of the Department of Environmental Resources (DER) to dismiss the Coal Company's appeal of a civil penalty assessed by DER against the Coal Company.

On May 21, 1987, DER assessed a three thousand dollar ($3,000.00) civil penalty against the Coal Company...

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