Department of Environmental Resources v. Oermann

SMITH, Judge.

The Department of' Environmental Resources (DER) petitions for review of the December 3, 1992 order of the Environmental Hearing Board (Board) granting Carl E. Oermann’s application for award of attorney’s fees and costs pursuant to Section 3(a) of the Act of December 13,1982, P.L. 1127, as amended, 71 P.S. § 2033(a), commonly known as the Costs Act. Also before this Court is Oermann’s motion to dismiss DER’s petition for review.- The dispositive issue raised for this Court’s determination is whether DER’s petition for review should be dismissed because DER failed to file a…