Tracey Mining Co. v. Commonwealth

Opinion by

Judge McGinley,

The Commonwealth of Pennsylvania, Department of Environmental Resources (DER) has filed preliminary objections to a Petition for Review seeking injunctive relief filed under our original equity jurisdiction by twelve anthracite deep mine coal operators (Petition*630ers). A request for a preliminary injunction was denied by this Court by Memorandum and Order dated December 10, 1987 and Petitioners have appealed that determination to the Pennsylvania Supreme Court. Specifically, Petitioners, all small anthracite deep mine coal operators, seek to enjoin the DER from…