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LEATHERWOOD, INC. v. COM. DEPT. OF ENV. PROTECTION

819 A.2d 604 (2003)

LEATHERWOOD, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION; The Commissioners of Jefferson County; The Jefferson County Solid Waste Authority; The Clearfield Jefferson Counties Regional Airport Authority; and Pinecreek Township, Respondents.

Commonwealth Court of Pennsylvania.

Decided March 18, 2003.

Attorney(s) appearing for the Case

James V. Corbelli, Pittsburgh, for petitioner.

Michael D. Buchwach, Pittsburgh, for respondent, Dept. of Environmental Protection.

Robert P. Ging, Jr., Confluence, for respondents.

BEFORE: McGINLEY, Judge, SIMPSON, Judge, KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.

Leatherwood, Inc. (Leatherwood) appeals an order of the Environmental Hearing Board (EHB) revoking the executory solid waste permit (Permit) issued by the Department of Environmental Protection (DEP) to permit construction and operation of a solid municipal waste landfill (Landfill) near DuBois—Jefferson County Airport (Airport). Agreeing that DEP failed to properly resolve a known risk of...

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