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TIRE JOCKEY SERV. v. COM., DEP

915 A.2d 1165 (2007)

TIRE JOCKEY SERVICE, INC., Appellee, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant.

Supreme Court of Pennsylvania.

Decided February 20, 2007.

Attorney(s) appearing for the Case

Anderson Lee Hartzell, Esq., William H. Blasberg, Esq., PA Department of Environmental Protection, Conshohocken, for Department of Environmental Protection.

Douglas Maloney, Esq., Begley, Carlin & Mandio, L.L.P., Langhorne, for Tire Jockey Service, Inc.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice CASTILLE.

Two inter-related questions are presented for review in the instant appeal: (1) Whether the Commonwealth Court erred by failing to give the Pennsylvania Department of Environmental Protection's ("DEP") interpretation of subparagraph (ii) of the definition of "waste" in 25 Pa. Code § 287.1 the deference to which the DEP's reasonable interpretation of environmental regulations is entitled under Department of Environmental...

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