Commonwealth v. Big B Mining Co.

Opinion by

Senior Judge Narick,

The Department of Environmental Resources (DER) has appealed from an adjudication and order of the Environmental Hearing Board (Board) 1 which reversed DER’s denial of the permit sought by Big B Mining Company, Inc. (Big B) to conduct surface mining on a tract of land situated within the Silver Creek watershed.

The factual and procedural background giving rise to this appeal may be summarized as follows. In 1979, Big B applied for and was issued a permit to conduct surface mining on a tract of land in Butler County designated as the Fleming site. Mining operations…