Sedat, Inc. v. Commonwealth

CRAIG, President Judge.

The Pennsylvania Department of Environmental Resources has filed preliminary objections demurring to a petition for review which requests a writ of mandamus and equitable relief, filed by Sedat Inc. and Seven Sisters Mining Company, Inc.

The department presents the following issues: 1) whether the department can issue a surface mining permit pursuant to section 1396.4 of the Surface Mining Conservation and Reclamation Act (SMCRA), 52 Pa.S.A. § 1396.4, if the applicant has not submitted a landowner consent form; 2) whether the Superior Court’s decision in Sedat, Inc. v.…