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CITY OF YORK ET AL. v. DER.

No. 186 C.D. 1976.

26 Pa.Commw. 603 (1976)

City of York, et al. v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant.

Commonwealth Court of Pennsylvania.

October 20, 1976.

Attorney(s) appearing for the Case

John W. Thompson, Jr., City Solicitor, for appellee, City of York.

Raymond L. Hovis, with him D. Reed Anderson, for appellees, York Township, Jacobus Borough and Wrightsville Borough.

Argued September 9, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, October 20, 1976:

This is an appeal by the Department of Environmental Resources (DER) from an adjudication of the Environmental Hearing Board (EHB) concluding that DER lacks statutory authority to compel implementation of a regional solid waste management plan. The plan was adopted by appellees and approved by DER as provided by the Pennsylvania Solid Waste Management Act...

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