Lower Allen Citizens Action Group, Inc. v. Commonwealth

Opinion by

Judge Colins,

Lower Allen Citizens Action Group, Inc. (petitioner) appeals a decision of the Pennsylvania Environmental Hearing Board (Board) which granted Hempt Bros., Inc. s (permittees) Motion to Dismiss for untimely filing of petitioners notice of appeal.

The relevant facts are as follows:

On December 14, 1984, permittee filed an application for amendment of its mine drainage permit. On February 10, 1985, petitioner sent to the Department of Environmental Resources (DER) objections to permittees application. A public hearing was held on September 17, 1985 by DER. On March 18, 1986,…