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NATIONAL SOLID WASTES MGT. v. CASEY

135 Pa.Commw. 134 (1990)

580 A.2d 893

NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION, Petitioner, v. Robert P. CASEY, Governor of the Commonwealth of Pennsylvania and Commonwealth of Pennsylvania, Department of Environmental Resources, Respondents.

Commonwealth Court of Pennsylvania.

Decided September 11, 1990.

Reargument Denied October 11, 1990.

Attorney(s) appearing for the Case

William J. Winning, Curran, Winning & Fioravanti, P.C., Media (Bruce J. Parker and John H. Turner, Legal Dept. of Nat. Solid Wastes Management Ass'n., of counsel), for petitioner.

Amy L. Putnam, Deputy Gen. Counsel, with her, Richard D. Spiegelman, Executive Deputy Gen. Counsel, James J. Haggerty, Gen. Counsel, Gwendolyn T. Mosley, Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., and Ernest D. Preate, Jr., Atty. Gen., for respondents.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, COLINS, PALLADINO, SMITH and PELLEGRINI, JJ.

PELLEGRINI, Judge.

The National Solid Wastes Management Association (Association) has petitioned this Court for relief from an executive order, No. 1989-8, issued by Governor Robert P. Casey on October 17, 1989, and published on October 28, 1989, in The Pennsylvania Bulletin. The Association asserts that this executive order constitutes a violation of the separation of powers because it allegedly represents...

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