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A.P. Weaver & Sons v. Sanitary Water Bd.

Citation: 2 ELR 20120
No. No. 75 C.D. 1971, 284 A.2d 515/3 ERC 1497/3 Pa. Commw. 590, (Pa. Commw. Ct., 12/08/1971)

Revocation of a mine drainage permit by the Sanitary Water Board is reversed and remanded because the Board's decision is not supported by substantial evidence. The Board's reliance upon reports prepared by a member of the staff of the Department of Environmental Resources without allowing for cross examination of that person and the absence of sufficient proof of causation invalidate the Board's findings.

Counsel for Plaintiff
Leo M. Stepanian
508 Mellon Bank Bldg.
Butler, Pennsylvania 16601

Arnold E. Dolby
613 Main Street
Clarion, Pennsylvania 16214

Counsel for Defendant
William M. Gross
Asst. Attorney General
Commonwealth of Pennsylvania
Harrisburg, Pennsylvania 17120

Marvin A. Fein
Special Asst. Attorney General
1405 State Office Building
Pittsburgh, Pennsylvania 15222

Before: JAMES S. BOWMAN, President Judge; JAMES C. CRUMLISH, JR., Judge; HARRY A. KRAMER, Judge; ROY WILKINSON, JR., Judge; LOUIS L. MANDERINO, Judge; GLENN E. MENCER, Judge; THEODORE O. ROGERS, Judge