DEP Acknowledges That it Lacks Authority to Address Property Dispute
In the case N&L Coal Co. v. DEP (case number 2008097 docket available) , N&L appealed an order issued by DEP. N&L was operating a coal mine on property leased by the City of Philadelphia, Girard Estate. The City sent a letter to DEP alleging that N&L’s lease expired and that the City no longer wanted N&L mining the property. In response to the City’s letter DEP issued an order directing N&L to cease mining and to reclaim the site.
N&L appealed the order and filed a petition for supersedeas. N&L also filed a declaratory judgment action in Philadelphia Orphan’s Court relative to the lease dispute, Stephen Girard, Deceased (case ID 10DE-1885) search by docket number. The parties met several times in an effort to resolve the dispute. On the eve of the supersedeas hearing, DEP entered into a Consent Order and Agreement whereby it withdrew the order and allowed N&L to resume mining. In rescinding the order, DEP indicated that the pending civil action was the proper forum to address the property dispute and that DEP should not properly enter into such disputes.
