Department of Environmental Protection v. Cumberland Coal Resources, LP

OPINION

Justice TODD.

In this appeal by allowance, we consider, inter alia, the scope of the authority of the Department of Environmental Protection (“DEP”) to issue administrative orders under the Bituminous Coal Mine Safety Act.1 For the reasons that follow, we find that the DEP acted within its authority with respect to the orders it issued regarding certain failures to report accidents, but that it improperly issued other orders with respect to requiring fire extinguishers on certain mining vehicles. Thus, we reverse in part, and affirm in part, the order of the Commonwealth Court.

Before we…