Legal Opinion
McDonald Land & Mining Co. v. Department of Environmental Resources
Commonwealth Court of Pennsylvania
Decided August 3, 1995PublishedCited by 4 opinions
1Opinion of the Court
PELLEGRINI, Judge.
McDonald Land & Mining Company (McDonald) and Sky Haven Coal Company, Inc. (Sky Haven), appeal a decision of the Environmental Hearing Board (Board) denying them attorney fees and expenses under Section 4(b) of the Surface Mining Conservation and Reclamation Act (SMCRA).1
On March 23, 1989, the Department of Environmental Resources (Department) denied McDonald’s request for a bond release2 with respect to its mining operations at its Butler site in Lawrence Township, Pennsyl*196vania, pending a hydrologic investigation.3 Subsequently, on November 13, 1989, the Department issued a…
2Cases cited5 opinions
- Fair Housing Council of Greater Washington v. LandowCourt of Appeals for the Fourth Circuit · 1993
- Big "B" Mining Co. v. Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1991
- Lucky Strike Coal Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1988
- Pennsylvania Department of Environmental Resources v. McDonald Land & Mining Co.Commonwealth Court of Pennsylvania · 1995
- Joyner v. CommonwealthCommonwealth Court of Pennsylvania · 1993
3Cited by4 opinions
- Commonwealth v. Bethenergy Mines, Inc.Supreme Court of Pennsylvania · 2000
- Leatherwood, Inc. v. Commonwealth, Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2003
- Pennsylvania Department of Environmental Resources v. McDonald Land & Mining Co.Commonwealth Court of Pennsylvania · 1995
- Berks County v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2006