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NORTHERN TIER SOLID WASTE AUTHORITY v. COM.

860 A.2d 1173 (2004)

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, Petioners v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF REVENUE; Larry P. Williams, Secretary of the Department of Revenue; Commonwealth of Pennsylvania, Department of Environmental Protection; Kathleen A. McGinty, Secretary of the Department of Environmental Protection; Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided November 5, 2004.

Attorney(s) appearing for the Case

Charles E. Gutshall and Kenneth L. Joel, Harrisburg, for petitioners.

Daniel J. Doyle, Harrisburg, for respondents.

Wilson M. Brown, III, Philadelphia, for intervenor, PA Waste Industries Association.

BEFORE: PELLEGRINI, Judge, SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.

For the third time we address this original jurisdiction suit by three municipal solid waste authorities1 (Authorities) challenging the solid waste disposal fee imposed in Section 2 of Act 2002-90 (Act 90),2 a statute recently added to the codified environmental resources laws. The current expedited argument involves Authorities' second application...

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