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NORTHERN TIER SOLID WASTE AUTHORITY v. COM.

825 A.2d 793 (2003)

NORTHERN TIER SOLID WASTE AUTHORITY, d/b/a Bradford County Landfill, McKean County Solid Waste Authority, Clinton County Solid Waste Authority, d/b/a Wayne Township Landfill, Petitioners, v. COMMONWEALTH of Pennsylvania, Department of Revenue; Larry P. Williams, Secretary of the Department of Revenue; Commonwealth of Pennsylvania, Department of Environmental Protection; David Hess, Secretary of the Department of Environmental Protection; Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided June 6, 2003.

Attorney(s) appearing for the Case

Charles E. Gutshall, Harrisburg, for petitioners.

Linda S. Lloyd, Harrisburg, for respondents.

Before: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, and SIMPSON, Judge.

OPINION BY Judge SIMPSON.

In this Court's original jurisdiction, three municipal solid waste authorities challenge the solid waste disposal fee authorized in Section 2 of Act 2002-90,1 a statute recently added to the codified environmental resources laws. The Respondents, the Commonwealth of Pennsylvania, the Department of Revenue and its Secretary, and the Department of Environmental Protection and its Secretary (Respondents), filed preliminary...

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