Consol Pennsylvania Coal Co. v. Department of Environmental Protection

OPINION BY

Judge LEAVITT.

Consol Pennsylvania Coal Company, LLC petitions this Court to review an adjudication of the Environmental Hearing Board granting, in part, the appeal of Kenneth and Kim Jones from the Department of Environmental Protection’s determination that their 2004 water loss complaint did not include two springs located on their property. The Board held that the Department’s investigation should have included an inquiry into whether Consol was responsible for water loss in the two springs. Because the Board erred in finding that the Joneses’ water loss claim for the springs was…