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DEPT. OF ENV. RES. v. RUSHTON MIN.

139 Pa.Commw. 648 (1991)

591 A.2d 1168

DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. RUSHTON MINING COMPANY; Canterbury Coal Company; Duquesne Light Company; Florence Mining Company; et al., Respondents.

Commonwealth Court of Pennsylvania.

Decided May 10, 1991.

Reargument Denied July 15, 1991.

Petition for Allowance of Appeal Denied November 25, 1991.

Attorney(s) appearing for the Case

Cathleen Curran Myers, Director, Bureau of Regulatory Counsel, Harrisburg, for petitioner.

Henry Ingram, Pittsburgh, for respondents.

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

PELLEGRINI, Judge.

The Department of Environmental Resources (DER) appeals from an order of the Environmental Hearing Board (EHB), which granted Rushton Mining Company's and ten other coal mining companies'1 (Coal Mine Operators) Cross-Motion for Partial Summary Judgment, and denied the DER's Motion for Partial Summary Judgment, declaring invalid fifteen standard permit conditions contained within forty-six coal mining activity permits...

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