Legal Opinion
Department of Environmental Protection v. Cumberland Coal Resources, LP
Commonwealth Court of Pennsylvania
Decided September 20, 2011PublishedCited by 4 opinions
1Opinion of the Court
OPINION BY
Judge BROBSON.
In these consolidated appeals, Petitioner Department of Environmental Protection (DEP) petitions for review of two orders of the Environmental Hearing Board (EHB), both of which involve the Bituminous Coal Mine Safety Act (Act).1 In an order dated March 30, 2010, EHB granted summary judgment in favor of Respondents Emerald Coal Resources (Emerald) and Cumberland Coal Resources (Cumberland) (collectively, Emerald/Cumberland), concluding that DEP lacked the power to issue certain compliance orders for failure of Emerald/Cumberland to report “accidents” in accordance with…
2Cases cited11 opinions
- Walker v. ElebySupreme Court of Pennsylvania · 2004
- Pennsylvania Human Relations Commission v. Norristown Area School DistrictSupreme Court of Pennsylvania · 1977
- Commonwealth, Department of Environmental Resources v. Butler County Mushroom FarmSupreme Court of Pennsylvania · 1982
- Bethenergy Mines Inc. v. Commonwealth, Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 1996
- Pennsylvania State Board of Pharmacy v. CohenSupreme Court of Pennsylvania · 1972
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3Cited by4 opinions
- Tri-County Landfill, Inc. v. Pine Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2014
- Department of Environmental Protection v. Cumberland Coal Resources, LPSupreme Court of Pennsylvania · 2014
- DEP, Aplt. v. Cumberland Coal ResourcesSupreme Court of Pennsylvania · 2014
- Department of Environmental Protection v. Cumberland Coal Resources, LPSupreme Court of Pennsylvania · 2014