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OGDEN PROJECTS, INC. v. NEW MORGAN LANDFILL COMPANY, INC.

Civ. A. No. 94-3048.

911 F.Supp. 863 (1996)

OGDEN PROJECTS, INC., Ogden Martin Systems of Lancaster, Inc., John Snyder, and Jeffrey R. Horowitz, Plaintiffs, v. NEW MORGAN LANDFILL COMPANY, INC., Defendant.

United States District Court, E.D. Pennsylvania.

January 8, 1996.

Attorney(s) appearing for the Case

Scott M. Turner, Michael S. Cohen, Rochester, NY, and Wilbur L. Kipnes, Philadelphia, PA, for plaintiffs.

Henry V. Nickel, Jeffrey N. Martin, William F. Pedersen, Washington, DC, and Peter F. Marvin, Philadelphia, PA, for defendant.

DECISION AND ORDER

VAN ANTWERPEN, District Judge.

On September 21, 1995, this Court ruled that Defendant, New Morgan Landfill Company, Inc., constructed a solid waste landfill in violation of the Clean Air Act. Ogden Projects, Inc. v. New Morgan Landfill Company, Inc., 1995 WL 564215 (E.D.Pa.). Much of the ruling was based on the Environmental Protection Agency's ("EPA's") regulation defining the term "potential to emit." Unbeknownst to us...

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