Rag Cumberland Resources LP v. Department of Environmental Protection

OPINION BY

Judge LEAVITT.

RAG Cumberland Resources LP (Cumberland) and RAG Emerald Resources LP (Emerald) (collectively Petitioners) petition for review of a decision of the Environmental Hearing Board (Board) that granted summary judgment in favor of the Department of Environmental Protection (Department). This case involves a single issue of law: whether Petitioners’ mine inspection procedures satisfy the requirements of Section 228(a) of the Bituminous Coal Mine Act (Act). 1 We disagree with the Board’s determination that Petitioners violated the Act and reverse its order.

The facts are not…