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KHODARA ENVIRONMENTAL, INC. v. BURCH

No. CIV.A. 97-93.

245 F.Supp.2d 695 (2002)

KHODARA ENVIRONMENTAL, INC., general partner, on Behalf of Eagle Environmental, L.P., Plaintiffs, v. Kelly BURCH, Jane F. Garvey, Federal Aviation Administration, Defendants. Leatherwood, Inc., Plaintiff, v. Pennsylvania Department of Environmental Protection, et al., Defendants.

United States District Court, W.D. Pennsylvania.

October 1, 2002.

Attorney(s) appearing for the Case

John P. Krill, David R. Overstreet, Carleston 0. Strouss, Kirkpatrick & Lockhart, Harrisburg, PA, William F. Fox, Jr., Albert F. Fox, Jr., Albert A. DeGennaro, J.P. Mascaro & Sons, Harleysville, PA, James V. Corbelli, Joseph K. Reinhart, Timothy C. Wolfson, Babst, Calland, Clements & Zomnir, Pittsburgh, PA, for Plaintiffs.

Thaddeus A. Weber, Meadville, PA, Michael D. Buchwach, Pittsburgh, PA, Marsha S. Edney, Sandra M. Schraibman, Department of Justice Civil Division, Isaac R. Campbell, Department of Justice Civil Division, Federal Programs Branch, Washington, DC, Thomas L. Wenger, Steven R. Williams, Wix, Wenger & Weidner, Harrisburg, PA, Robert P. Ging, Jr., Confluence, PA, for Defendants.

MEMORANDUM OPINION

MCLAUGHLIN, District Judge.

Presently pending before the Court in these consolidated cases are various crossmotions for summary judgment. For the reasons that follow, the motions filed by the Commonwealth and Federal Defendants will be granted. The motions filed by the Plaintiffs will be denied. The motion filed on behalf of the Intervenors Jefferson County and Pinecreek Township will likewise be denied.

I. PROCEDURAL HISTORY...

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