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BIG B MIN. v. DEPT. OF ENV. RESOURCES

142 Pa.Commw. 215 (1991)

597 A.2d 202

BIG "B" MINING COMPANY, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 27, 1991.

Attorney(s) appearing for the Case

Bruno A. Muscatello, for petitioner.

Diana J. Stares, for respondent.

Before PELLEGRINI and BYER, JJ., and NARICK, Senior Judge.

BYER, Judge.

Big B Mining Company, Inc. (Big B) appeals from an order of the Environmental Hearing Board (EHB) which denied Big B's request for counsel fees and costs which it incurred while successfully challenging the Department of Environmental Resources' (DER) denial of its application for a surface mining permit.

Big B petitioned to recover the counsel fees and costs pursuant to section 4(b) of the Surface Mining Conservation and Reclamation Act (SMCRA...

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