Commonwealth, Department of Environmental Resources v. Ogden

Opinion by

Judge Colins,

This is an appeal by the Commonwealth of Pennsylvania, Department of Environmental 'Resources (DER) from an adjudication of the Environmental Hearing Board (EHB). The EHB held that DER had improperly forfeited two bonds issued to Coal Hill Contracting Company, Incorporated (Coal Hill) by Clearfield Bank and Trust Company (Clearfield Bank) as surety to the Commonwealth of Pennsylvania to guarantee compliance by Coal Hill with the requirements of the Surf ace Mining Conservation and Reclamation Act (SMCRA).1

• From 1974 to Í978, Coal Hill was authorized* under six permits…