Department of Environmental Resources v. Rushton Mining Co.

PELLEGRINI, Judge.

The Department of Environmental Resources (DER) appeals from an order of the Environmental Hearing Board (EHB), which granted Rushton Mining Company’s and ten other coal mining companies’ 1 (Coal Mine Operators) Cross-Motion for Partial Summary Judgment, and denied the DER’s Motion for Partial Summary Judgment, declaring invalid fifteen standard permit conditions contained within forty-six coal mining activity permits issued by the DER.

The Coal Mine Operators in this case are the permittees of one or more underground bituminous mines in Pennsylvania. Each Coal Mine Operator…