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WHEELABRATOR POTTSTOWN v. DER

147 Pa.Commw. 401 (1992)

607 A.2d 874

WHEELABRATOR POTTSTOWN, INC., Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 20, 1992.

Attorney(s) appearing for the Case

Louis B. Kupperman, for petitioner.

Thomas Y. Au, Asst. Chief Counsel, and David J. Gromelski, Asst. Counsel, for respondent.

Sheryl L. Auerbach, for intervenor.

CRAIG, President Judge, DOYLE, J. and LORD, Senior Judge.

DOYLE, Judge.

Wheelabrator Pottstown, Inc. (WPI) appeals from an order of the Environmental Hearing Board (Board) which denied WPI's petition to intervene in an appeal taken by Clements Waste Services, Inc., Recycling Works, Inc. and Brian Clements (collectively, Clements) from the Department of Environmental Resources' (DER) conditional approval of the Berks County Municipal Solid Waste Management Plan (Berks County Plan).

The relevant facts are as follows...

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