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DEPT OF ENVIRON. PROT. v. NORTH AMERICAN REFRACTORIES CO.

791 A.2d 461 (2002)

DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner, v. NORTH AMERICAN REFRACTORIES COMPANY, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 8, 2002.

Attorney(s) appearing for the Case

Craig S. Lambeth, Harrisburg, for petitioner.

Robert L. Byer, Pittsburgh, for respondent.

Before SMITH-RIBNER, Judge, PELLEGRINI, Judge, and MIRARCHI, Jr., Senior Judge.

SMITH-RIBNER, Judge.

The Department of Environmental Protection (Department) petitions for review of an order of the Environmental Hearing Board (EHB) that sustained the appeal of North American Refractories Company (North American) and remanded its emission reduction credit (ERC) registry application to the Department for consideration on the merits. The EHB concluded that the Department erroneously denied North American's application based upon the Department's...

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