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SAYREVILLE SEAPORT v. DEPT. OF ENVI. PROT.

No. 2391 C.D. 2011.

60 A.3d 867 (2012)

SAYREVILLE SEAPORT ASSOCIATES ACQUISITION COMPANY, LLC t/a Sayreville Seaport Associates, L.P., Petitioner, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided November 15, 2012.

Ordered Published February 14, 2013.

Attorney(s) appearing for the Case

Neil S. Witkes , Bala Cynwyd, for petitioner.

Susan M. Seighman , Assistant Counsel, Curtis C. Sullivan , Assistant Counsel, Harrisburg, and Lance H. Zeyher , Regional Counsel, Wilkes-Barre, for respondent.

BEFORE: LEADBETTER, Judge, and BROBSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge LEADBETTER.

Sayreville Seaport Associates Acquisition Company, LLC petitions for review of the adjudication of the Environmental Hearing Board (Board), which vacated two opinions of the Department of Environmental Protection (Department) stating that Sayreville was precluded by statute and regulation from either disposing of soil with radioactive concerns or beneficially using it as regulated fill. Because neither opinion constitutes an appealable...

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