Legal Opinion

Pennsylvania Department of Environmental Resources v. McDonald Land & Mining Co.

Commonwealth Court of Pennsylvania

Decided August 3, 1995PublishedCited by 4 opinions

1Opinion of the Court

PELLEGRINI, Judge.

The Department of Environmental Resources (Department) appeals a decision of the Environmental Hearing Board (Board) awarding McDonald Land & Mining Company (McDonald) attorney fees and expenses under Section 3 of the Costs Act.1

On March 23,1989, the Department denied McDonald’s request for a bond release 2 with respect to its mining operation at its Butler site in Lawrence Township, Pennsylvania, pending a hydrologic investigation.3 McDonald appealed the bond release denial to the Board. Subsequently, on November 13, 1989, the Department issued a compliance order to…

2Cases cited4 opinions

  1. Sears, Roebuck & Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1979
  2. Carlisle Electric, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1986
  3. McDonald Land & Mining Co. v. Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1995
  4. West v. Western Center, Department of Public WelfareCommonwealth Court of Pennsylvania · 1994

3Cited by4 opinions

  1. Staub v. Department of State, State Registration Board for Professional Engineers, Land Surveyors & GeologistsCommonwealth Court of Pennsylvania · 1998
  2. Lucchino v. Commonwealth Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2000
  3. McDonald Land & Mining Co. v. Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1995
  4. Energy Pipeline, Inc. v. Public Utility CommissionCommonwealth Court of Pennsylvania · 1999

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