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PennDER v. BIG B MINING CO.

No. 2744 C.D. 1987.

123 Pa.Commw. 591 (1989)

554 A.2d 1002

Commonwealth of Pennsylvania, Department of Environmental Resources, Petitioner v. Big B Mining Company, Inc., Respondent.

Commonwealth Court of Pennsylvania.

February 23, 1989.

Attorney(s) appearing for the Case

Diana J. Stares, Assistant Counsel, for petitioner.

Bruno A. Muscatello, Stephanian & Muscatello, for respondent.

Michael J. Boyle, Meyer, Unkovic & Scott, for Trout Unlimited, intervenor.

Steven J. Schiffman, Serratelli & Schiffman, for Pennsylvania Federation of Sportsmen's Clubs, Amicus Curiae.

CRAIG and McGINLEY, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, February 23, 1989:

The Department of Environmental Resources (DER) has appealed from an adjudication and order of the Environmental Hearing Board (Board)1 which reversed DER's denial of the permit sought by Big B Mining Company, Inc. (Big B) to conduct surface mining on a tract of land situated within the Silver Creek watershed.

The factual and procedural background giving rise to this appeal may...

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