Croner, Inc. v. Department of Environmental Resources

CRAIG, President Judge.

Croner, Inc. appeals from an order of the Environmental Hearing Board (board) granting a motion of the Department of Environmental Resources (department) to dismiss Croner’s challenge to restrictions incorporated into Croner’s blast plan by the department. The board concluded that Croner’s constitutional challenge to 25 Pa.Code § 87.127(e) and (i) constitutes a challenge to federal regulations under the federal Surface Mining Control and Reclamation Act (federal SMCRA), 30 U.S.C. § 1201 et seq., and 30 U.S.C. § 1276(a)(1) provides that only a federal court, not the…