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THOMPSON & PHILLIPS CLAY v. DER

136 Pa.Commw. 300 (1990)

582 A.2d 1162

THOMPSON & PHILLIPS CLAY COMPANY, Petitioner v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided November 28, 1990.

Attorney(s) appearing for the Case

Anthony P. Picadio, Sherman & Picadio, Pittsburgh, for petitioner.

Michael J. Heilman, Asst. Counsel, with him, Martin H. Sokolow, Jr., Harrisburg, for respondent.

John M. Elliott, with him, Stephen C. Braverman and Stephen G. Allen, Elliott, Mannino & Flaherty, P.C., Philadelphia, and Henry McC. Ingram and Stanley R. Geary, Buchanan Ingersoll Professional Corp., Pittsburgh, for amicus curiae, Pennsylvania Coal Ass'n.

Before DOYLE and SMITH, JJ., and BARRY, Senior Judge.

OPINION

BARRY, Senior Judge.

Thompson & Phillips Clay Co. (T & P) petitions for our review of a February 9, 1990 order of the Environmental Hearing Board (the Board) entering summary judgement in favor of the Department of Environmental Resources (the Department). T & P, a mine operator, was refused a bond release because of drainage seeping from its mine. T & P also seeks review of an earlier interlocutory order dated March 15, 1989, in...

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