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Legal Opinion

Citizens Coal Council v. Department of Environmental Protection

Commonwealth Court of Pennsylvania

Decided October 23, 2014PublishedCited by 2 opinions

1Opinion of the Court

OPINION BY

Judge COHN JUBELIRER.

Citizens Coal Council (Citizens) petitions for review of the Order of the Environmental Hearing Board (Board) that granted the Stipulation for Settlement and Joint Motions to Withdraw Appeal (Joint Motions) filed by Consol Pennsylvania Coal Company, LLC (Consol)1 and the Department of Environmental Protection (Department). The Board agreed with Consol and the Department that it did not presently have jurisdiction to consider Consol’s appeal from two letters, dated December 27, 2012 (Letters), issued by the Department because the Letters were not final actions or…

2Cases cited11 opinions

  1. Bannard v. New York State Natural Gras Corp.Supreme Court of Pennsylvania · 1961
  2. In re Appeal of the Municipality of Penn HillsSupreme Court of Pennsylvania · 1988
  3. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. West Virginia Coal Associationwest Virginia Mining and Reclamation Association, Intervenors/defendantsappellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief to the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated, Intervenors/defendantsappellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James w.weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. International Union, United Mine Workers of America, Intervenor/defendantappellant, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company, Intervenors/defendants-Appellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginiafriends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General,chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness division,u.s. Army Corps of Engineers, Huntington District, and Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. West Virginia Coal Association West Virginia Mining and Reclamation Association, Intervenors/defendantsappellants v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company, Intervenors/defendants-Appellants v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and West Virginia Coal Association West Virginia Mining and Reclamation Association Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici CuriaeCourt of Appeals for the Fourth Circuit · 2001
  4. Commonwealth v. Bethlehem Steel Corp.Supreme Court of Pennsylvania · 1976
  5. Pennsylvania Coal Mining Ass'n v. CommonwealthSupreme Court of Pennsylvania · 1982

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3Cited by2 opinions

  1. Franklin County Children and Youth Services v. Dept of Human ServicesCommonwealth Court of Pennsylvania · 2017
  2. The Summit Academy v. DHSCommonwealth Court of Pennsylvania · 2015

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