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CONCERNED RESIDENTS v. DEPT. OF ENV. RES.

543 Pa. 241 (1995)

670 A.2d 1120

CONCERNED RESIDENTS OF THE YOUGH, INC. v. DEPARTMENT OF ENVIRONMENTAL RESOURCES. Appeal of MILL SERVICE, INC.

Supreme Court of Pennsylvania.

Decided November 28, 1995.

Attorney(s) appearing for the Case

Robert L. Byer, Richard W. Hosking, Peter N. Flocos, Pittsburgh, for Mill Service.

George Jugovic, Pittsburgh, Michael D. Buchwach and David Gallogly, Meadville, Jody Rosenberg, Pittsburgh, for Dept. of Environmental Resources (DER).

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal by allowance from a memorandum decision of the Commonwealth Court which affirmed in part and reversed in part a decision of the Environmental Hearing Board (EHB). The EHB had affirmed an order of the Department of Environmental Resources (DER) granting approval of a closure plan for a waste disposal facility in Westmoreland County.

The facility, known as Impoundment No. 5, had since...

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