Commonwealth v. Bethenergy Mines, Inc.

OPINION

NEWMAN, Justice.

The issue presented in this appeal is whether Subsection 5(g) of the Bituminous Mine Subsidence and Land Conservation Act (Mine Subsidence Act), 52 P.S. § 1406.5(g),1 empowers the Environmental Hearing Board (Board) to award attorney’s fees and costs to a party that successfully defends an enforcement action of *1170the Department of Environmental Protection (DEP). Because this Court finds that the Board has no such authority, we reverse the decision of the Commonwealth Court, which affirmed the Board’s award of $552,500.00 in attorney’s fees and costs to Bethenergy Mines,…