1. Home
  2. Browse Decisions
  3. A.2d
  4. 884 A.2d
  5. 884 A.2d 867 (2005)
 

EAGLE ENVIRONMENTAL II, L.P. v. COM., DEP

884 A.2d 867 (2005)

EAGLE ENVIRONMENTAL II, L.P., Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION and Chest Township, Appellees. Tri-County Industries, Inc. and Tri-County Landfill, Inc., Appellants v. Commonwealth of Pennsylvania, Department of Environmental Protection, Appellee.

Supreme Court of Pennsylvania.

Decided October 27, 2005.

Attorney(s) appearing for the Case

John J. Brazil, Jr., for Borough of Moosic.

Doreen M. Graziano, Old Forge, for Alliance Against Alliance.

David Joseph Gromelski, Scranton, for Borough of old Forge and County of Lackawanna.

David R. Overstreet, John P. Krill, for Eagle Environmental II, L.P.

David J. Brooman, Berwyn, for PA Chapter of the Solid Waste Ass'n of North America.

Maura Tobin Donley, for PA Chamber of Business and Industry.

Nels Jahn Taber, Williamsport, Dennis Ward Strain, Harrisburg, Amy F. Ershler, Williamsport, Douglas Glenn Moorhead, Thaddeus Adam Weber, for Dept. of Environmental Protection.

Robert P. Ging, Confluence, for Chest Tp.

Tybe Ann Brett, Alan Stuart Miller, Pittsburgh, for Tri-County Industries, Inc. and Tri-County Landfill, Inc.

Kenneth Lawson Joel, for County of Berks.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice BAER.

We granted review of this case to determine whether the en banc panel of the Commonwealth Court correctly concluded that the Environmental Quality Board's (EQB) regulations adopting a "Harms/Benefits Test" as part of the permitting process for waste disposal facilities are constitutional and authorized by the Solid Waste Management Act (SWMA), 35 P.S. §§ 6018.101-6018.1003, and the Municipal Waste Management...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases