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CRONER, INC. v. DEPT. OF ENV. RES.

139 Pa.Commw. 43 (1991)

589 A.2d 1183

CRONER, INC., Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 9, 1991.

Reargument Denied May 29, 1991.

Attorney(s) appearing for the Case

Matthew G. Melvin, Barbera and Barbera, Somerset, for petitioner.

Kirk Junker, with him, L. Jane Charlton and Diana J. Stares, Pittsburgh, for respondent.

Before CRAIG, President Judge, PELLEGRINI, J., and BARRY, Senior Judge.

CRAIG, President Judge.

Croner, Inc. appeals from an order of the Environmental Hearing Board (board) granting a motion of the Department of Environmental Resources (department) to dismiss Croner's challenge to restrictions incorporated into Croner's blast plan by the department. The board concluded that Croner's constitutional challenge to 25 Pa.Code § 87.127(e) and (i) constitutes a challenge to federal regulations under the federal Surface Mining Control and...

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