Empire Coal Mining & Development, Inc. v. Department of Environmental Resources

SMITH, Judge.

Empire Coal Mining and Development, Inc. (Empire), at No. 2443 C.D. 1995, petitions for review of an order of the Environmental Hearing Board (EHB) that affirmed the action of the then Department of Environmental Resources (DER) denying Empire’s application for a permit to perform surface mining. The questions Empire states are (1) whether the EHB exceeded its statutory jurisdiction by not confining its review of Empire’s title documents to permitting purposes only, thereby usurping jurisdiction reserved to the courts of common pleas to determine interests in real property; (2)…