American Casualty Co. v. Commonwealth

Opinion by

Judge MacPhail,

American Casualty Company of Reading, Pennsylvania (Petitioner) appeals from an adjudication of the Environmental Hearing Board (EHB) which held that the Department of Environmental Resources (DER) properly forfeited five bonds issued by Petitioner as surety to the Commonwealth of Pennsylvania to guarantee compliance by Blue Coal Corporation (Blue Coal) with the requirements of the Anthracite Strip Mining and Conservation Act (Anthracite Act).1

The complex facts in this case are, for the most part, undisputed. In 19662 and 1967 Blue Coal became the operator under four…