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TRI-COUNTY INDUSTRIES, INC. v. COM.

818 A.2d 574 (2003)

TRI-COUNTY INDUSTRIES, INC. and Tri-County Landfill, Inc., Petitioners, v. COMMONWEALTH of Pennsylvania, Department of Environmental Protection, Respondent. Eagle Environmental II, L.P., Petitioner, v. Commonwealth of Pennsylvania, Department of Environmental Protection and Chest Township, Respondents. Alliance Sanitary Landfill, Inc., Petitioner, v. Department of Environmental Protection; Old Forge Borough; Moosic Borough; Lackawanna County and Alliance Against Alliance, Respondents.

Commonwealth Court of Pennsylvania.

Decided February 10, 2003.

As Amended February 12, 2003.

Attorney(s) appearing for the Case

Alan S. Miller, Pittsburgh, for petitioners, Tri-County Industries and Tri-County Landfill.

Jason E. Oyler, Harrisburg, for petitioner, Eagle Environmental II.

Robert D. Fox, Bala Cynwyd, for petitioner, Alliance Sanitary Landfill.

Dennis W. Strain, Harrisburg, for respondent.

David J. Gromelski, Scranton, for respondents, Borough of Old Forge, Borough of Moosic, Lackawanna County and Alliance Against Alliance.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, FRIEDMAN, Judge, and LEADBETTER, Judge.

OPINION BY Judge SMITH-RIBNER.

The Court granted permission to appeal in these consolidated cases to consider whether the "harms/benefits test" adopted by the Environmental Quality Board in the regulations at 25 Pa.Code §§ 271.127 and 287.127 is constitutional and is a proper exercise of authority conferred upon the Department of Environmental Protection (DEP) and the Environmental Quality Board by the Solid Waste...

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