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COWARD ET AL. v. DER.

No. 1826 C.D. 1978.

46 Pa.Commw. 416 (1979)

Delmar Coward and Coward Contracting Company, Inc., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

October 11, 1979.

Attorney(s) appearing for the Case

Ross S. Bash, with him Richard H. Galloway, and Ackerman & Galloway, for petitioners.

Howard J. Wein, Assistant Attorney General, for respondent.

Argued September 11, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL. Judges CRUMLISH, JR. and MENCER did not participate.

OPINION BY JUDGE WILKINSON, JR., October 11, 1979:

We have before us an appeal from an order of the Environmental Hearing Board (Board) which affirmed the order of the Department of Environmental Resources (DER) directing the appellants cease the operation of a landfill. We affirm.

The first argument advanced by appellants is that the action of DER in ordering the landfill closed is too harsh under...

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