Legal Opinion

Big "B" Mining Co. v. Department of Environmental Resources

Commonwealth Court of Pennsylvania

Decided August 27, 1991No. 740 C.D. 1990PublishedCited by 10 opinions

1Opinion of the Court

BYER, Judge.

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

Big B petitioned to recover the counsel fees and costs pursuant to section 4(b) of the Surface Mining Conservation and Reclamation Act (SMCRA), Act of May 31, 1945, P.L. 1198, as amended, 52 P.S. § 1396.4(b). The EHB declined to award fees and costs, holding that section 4(b) of…

2Cases cited6 opinions

  1. Slawek v. BD. OF MED. ED. & LICENSURESupreme Court of Pennsylvania · 1991
  2. Marshall v. Port AuthoritySupreme Court of Pennsylvania · 1990
  3. Coretsky v. Board of CommissionersSupreme Court of Pennsylvania · 1989
  4. Latella v. CommonwealthCommonwealth Court of Pennsylvania · 1983
  5. Philadelphia Housing Authority v. Commonwealth, Pennsylvania Labor Relations BoardSupreme Court of Pennsylvania · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Bethenergy Mines Inc. v. Commonwealth, Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 1996
  2. Commonwealth v. Bethenergy Mines, Inc.Supreme Court of Pennsylvania · 2000
  3. Gardner v. CommonwealthCommonwealth Court of Pennsylvania · 1992
  4. Big B Mining Co. v. Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1993
  5. Budco Theatres, Inc. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1993

5 more not listed; retrieve them via the Exa API.

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