Legal Opinion

Falcon Oil Co. v. Department of Environmental Resources

Commonwealth Court of Pennsylvania

Decided May 14, 1992No. 1960 C.D. 1991PublishedCited by 13 opinions

1Opinion of the Court

BARRY, Senior Judge.

Falcon Oil Company (Falcon) appeals from an order of the Environmental Hearing Board (EHB) which denied Falcon’s petition for appeal nunc pro tunc. Falcon argues that the evidence offered before the Board establishes a “non-negligent happenstance” excusing its untimely appeal. We affirm.

The undisputed facts of this case may be summarized as follows. On May 18, 1991, Falcon received a civil penalty assessment of $4,000.00 from the Department of Environmental Resources (DER) for knowingly filling an unregistered underground storage tank in violation of The Storage Tank and…

2Cases cited12 opinions

  1. Bass v. CommonwealthSupreme Court of Pennsylvania · 1979
  2. Perry v. CommonwealthCommonwealth Court of Pennsylvania · 1983
  3. Tony Grande, Inc. v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1983
  4. Game Com'n v. Dept. of Env. ResourcesSupreme Court of Pennsylvania · 1989
  5. PA. GAME COMM. v. PennDERCommonwealth Court of Pennsylvania · 1986

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. H.D. v. Pennsylvania Department of Public WelfareCommonwealth Court of Pennsylvania · 2000
  2. Sofronski v. Civil Service CommissionCommonwealth Court of Pennsylvania · 1997
  3. J.C. v. Department of Public WelfareCommonwealth Court of Pennsylvania · 1998
  4. J. A. v. Department of Public WelfareCommonwealth Court of Pennsylvania · 2005
  5. Radhames v. Tax Review BoardCommonwealth Court of Pennsylvania · 2010

8 more not listed; retrieve them via the Exa API.

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