In re Harmer Coal Co.

BROUGHTON, CHAIRMAN OF THE BOARD,

In this action for civil penalties, defendant has objected to interrogatories filed by the Department of Environmental Resources (Department) on two general grounds, and to certain of those interrogatories on specific grounds enumerated in Rule 4011 of the Pennsylvania Rules of Civil Procedure.

The general grounds are: (1) that the board was not given the power by the legislature to require the parties to submit to discovery procedures in advance of trial; (2) that even if the board has the basic authority to compel discovery, it may not constitutionally compel…