PA. GAME COMM. v. PennDER

No. 407 C.D. 1985.

97 Pa.Commw. 78 (1986)

509 A.2d 877

Commonwealth of Pennsylvania, Pennsylvania Game Commission, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Ganzer Sand & Gravel, Inc. and Hammermill Paper Company, Respondents.

Commonwealth Court of Pennsylvania.

May 7, 1986.


Attorney(s) appearing for the Case

Stuart M. Bliwas, Chief Counsel, for petitioner.

William J. Kelly, with him, Robert C. LeSuer, Elderkin, Martin, Kelly, Messina & Zamboldi, for respondent, Ganzer Sand and Gravel, Inc.

Daniel Brocki, Senior Attorney, for respondent, Hammermill Paper Company.

Argued February 5, 1986, before President Judge CRUMLISH, JR., Judges ROGERS, CRAIG, DOYLE, BARRY, COLINS and PALLADINO.


OPINION BY JUDGE COLINS, May 7, 1986:

This is a petition by the Pennsylvania Game Commission (Game Commission) seeking review of an order issued January 17, 1985, by the Environmental Hearing Board (Board) upholding a decision of the Department of Environmental Resources (DER) to grant a solid waste permit (permit) to Ganzer Sand & Gravel, Inc. (Ganzer).

The permit was first issued by DER on November 1, 1982, following over three (3) years of meetings...

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