Gateway Coal Co. v. Commonwealth

Opinion by

Judge Wilkinson, Jr.,. This is an appeal from an order of the Environmental Hearing Board (Board) which sustained a motion to dismiss a portion of an appeal taken by petitioner Gateway Coal Company from an action by the respondent Department of Environmental Resources (Department). We affirm.

This controversy involves procedures to be used to test for methane gas in connection with a new roof support system in petitioner’s underground bituminous mine. Petitioner received initial approval to use the new system in the mine through the Commissioner of Deep Mine Safety (hereafter…