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OCEAN COUNTY LANDFILL v. U.S. E.P.A., REGION II

No. 09-2937.

631 F.3d 652 (2011)

OCEAN COUNTY LANDFILL CORPORATION, Petitioner v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION II, Respondent.

United States Court of Appeals, Third Circuit.

Opinion filed February 2, 2011.

Attorney(s) appearing for the Case

Sandra T. Ayres, Esquire (Argued), Scarinci & Hollenbech, Lyndhurst, NJ, for Petitioner.

Ignacia S. Moreno , Assistant Attorney General, Amanda S. Berman, Esquire (Argued), United States Department of Justice, Environmental Defense Section, Maria Quintin, Esquire , Scott Jordan, Esquire , United States Environmental Protection Agency, Washington, D.C., for Respondent.

Before: RENDELL, AMBRO, and FISHER, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

The Environmental Protection Agency ("EPA") issued a letter opining that facilities operated by Ocean County Landfill Corporation ("OCLC") and Manchester Renewal Power Holdings ("MRPC") were under common control for the purposes of air emissions permitting. In this petition for review, OCLC challenges that determination under subsection 307(b)(1) of the Clean Air Act. ...

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