Legal Opinion

Kwalwasser v. COM., DEPT. OF ENV. RES.

Commonwealth Court of Pennsylvania

Decided February 1, 1990PublishedCited by 23 opinions

1Opinion of the Court

COLINS, Judge.

Robert Kwalwasser (Kwalwasser) petitions for review of an opinion and order of the Environmental Hearing Board (Board) dated December 22, 1988, which denied him an award of costs and attorneys fees under Section 4(b) of the Surface Mining Conservation and Reclamation Act (SMCRA), Act of May 31, 1945, P.L. 1198, as amended, 52 P.S. § 1396.4(b).

The Department of Environmental Resources (DER) issued a surface mining permit No. 10800108 (the permit) to Kerry Coal Company (Kerry Coal) February 13, 1984. Kwalwasser appealed the issuance of the permit to the Board raising a plethora of…

2Cases cited3 opinions

  1. Mathies Coal v. Dept. of Env. Res.Supreme Court of Pennsylvania · 1989
  2. Fitzgerald v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1985
  3. Pennsylvania Industries for the Blind & Handicapped v. Department of General ServicesCommonwealth Court of Pennsylvania · 1988

3Cited by23 opinions

  1. Bethenergy Mines Inc. v. Commonwealth, Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 1996
  2. Lucchino v. CommonwealthSupreme Court of Pennsylvania · 2002
  3. Starr v. Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1992
  4. Burnworth v. State Board of Vehicle Manufacturers, Dealers & SalespersonsCommonwealth Court of Pennsylvania · 1991
  5. Solebury Township v. Department of Environmental ProtectionSupreme Court of Pennsylvania · 2007

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