Big B Mining Co. v. Department of Environmental Resources

NARICK, Senior Judge.

Big B Mining Company, Inc. (Big B) appeals from the order of the Environmental Hearing Board (EHB) which denied Big B’s petition for counsel fees, costs and expenses incurred while successfully challenging the Department of Environmental Resources’ (DER) denial of its application for a surface mining permit. We reverse and remand.

After prolonged litigation, Big B successfully obtained a surface mining permit. Big B then petitioned to recover counsel fees, costs and expenses, pursuant to Section 4(b) of the Surface Mining Conservation and Reclamation Act (SMCRA), Act of…