Linde Enterprises, Inc. v. Pennsylvania Department of Environmental Protection
Commonwealth Court of Pennsylvania
1Opinion of the Court
SMITH, Judge.
In this case of first impression, Linde Enterprises, Inc. (Linde) petitions for review of an order of the Environmental Hearing Board (Board) that dismissed Linde’s appeals from compliance orders and from an assessment of civil penalty issued by the Department of Environmental Protection (DEP) against Linde, in relation to its removal of fill material from a site owned by BGM Fastener Company (BGM). DEP’s actions were based on alleged violations of provisions of the Noneoa! Surface Mining Conservation and Reclamation Act (Noncoal SMCRA), Act of December 19, 1984, P.L. 1093, as…
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