Legal Opinion

Harvey & Harvey, Inc. v. County of Chester Pennsylvania Department of Environmental Resources Chester County Solid Waste Authority Southeastern Chester County Refuse Authority. Tri-County Industries, Inc. v. County of Mercer Pennsylvania Mercer County Solid Waste Authority Commonwealth of Pennsylvania, Department of Environmental Resources the County of Mercer, Pennsylvania the Mercer County Solid Waste Authority and Commonwealth of Pennsylvania, Department of Environmental Resources

Court of Appeals for the Third Circuit

Decided October 20, 1995No. 94-1924PublishedCited by 36 opinions

1Opinion of the Court

68 F.3d 788

41 ERC 1577, 64 USLW 2288, 26 Envtl.

L. Rep. 20,018

HARVEY & HARVEY, INC., Appellant

v.

COUNTY OF CHESTER; Pennsylvania Department of Environmental

Resources; Chester County Solid Waste Authority;

Southeastern Chester County Refuse Authority.

TRI-COUNTY INDUSTRIES, INC.

v.

COUNTY OF MERCER PENNSYLVANIA; Mercer County Solid Waste

Authority; Commonwealth of Pennsylvania, Department of

Environmental Resources; The County of Mercer,

Pennsylvania; The Mercer County Solid Waste Authority; and

Commonwealth of Pennsylvania, Department of Environmental

Resources, Appellants.

Nos. 94-1924, 94-3622.

United…

Also in this document: Dissent.

2Cases cited20 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. Minnesota v. Clover Leaf Creamery Co.Supreme Court of the United States · 1981
  3. City of Philadelphia v. New JerseySupreme Court of the United States · 1978
  4. Exxon Corp. v. Governor of MarylandSupreme Court of the United States · 1978
  5. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994

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3Cited by36 opinions

  1. Houlton Citizens' Coalition v. Town of HoultonCourt of Appeals for the First Circuit · 1999
  2. Empire Sanitary Landfill, Inc. v. CommonwealthSupreme Court of Pennsylvania · 1996
  3. Ben Oehrleins & Sons & Daughter, Inc. v. Hennepin CountyCourt of Appeals for the Eighth Circuit · 1997
  4. Ben Oehrleins and Sons and Daughter, Inc. Elk River Landfill, Inc. Gallagher's Service, Inc. Knutson Services, Inc. Randy's Sanitation, Inc. Poor Richard's, Inc. Vasko Rubbish Removal, Inc. Wasteco, Inc. Waste Systems Corp. Walter's Recycling & Refuse Service v. Hennepin County, State of Minnesota, by Its Attorney General and Its Office of Environment Assistance Ogden Products, Inc., Amici Curiae. Robinson Rubber Products, Co., Inc. Dean M. Akins Patrick Schoenecker Brad Robinson, Individually and on Behalf of All Other Persons Similarly Situated v. Hennepin County, State of Minnesota, by Its Attorney General and Its Office of Environment Assistance, Ogden Products, Inc., Amici CuriaeCourt of Appeals for the Eighth Circuit · 1997
  5. Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders of Atlantic County Atlantic County Utilities Authority Board of Chosen Freeholders of Camden County Pollution Control Financing Authority of Camden County Scott A. Weiner, Individually and in His Capacity as Commissioner of New Jersey Department of Environmental Protection and Energy, Mercer County Improvement Authority Hudson County Improvement Authority Essex County Utilities Authority Passaic County Utilities Authority Cape May County Municipal Utilities Authority Camden County Energy Recovery Associates, L.P., Intervenor-Defendants C & a Carbone, Inc. Bret Schundler, Mayor, in His Capacity as Mayor of City of Jersey City John Rooney, Mayor, in His Capacity as Mayor of Borough of Northvale National Solid Waste Management Association, New Jersey Chapter Waste Management Association of New Jersey City of Passaic City of Paterson Dwight Destefan, Mayor, Individually and in His Capacity as Mayor of the Township of River Vale v. Robert C. Shinn, Jr., Individually and in His Capacity as Commissioner of New Jersey Department of Environmental Protection and Energy New Jersey Department of Environmental Protection and Energy Larry J. McClure Individually and in His Official Capacity as Executive Director of the Bergen County Utilities Authority Bergen County Utilities Authority Mark Guarino, Individually and in His Official Capacity as Director of the Bergen County Health Department Bergen County Health Department Kenneth Blane, Individually and in His Official Capacity as Executive Director of the Hudson County Improvement Authority Hudson County Improvement Authority Carol Ann Wilson, Individually and in Her Official Capacity as Director of the Hudson County Health Department William P. Schuber, Individually and in His Official Capacity as County Executive for Bergen County Robert C. Janiszewski, Individually and in His Official Capacity as County Executive for Hudson County Passaic County Utilities Authority Anthony Ross, Individually and in His Capacity as Executive Director Nicola R. Didonna, Individually and in His Capacity as County Executive for the County of Passaic. National Solid Wastes Management Association Waste Management Association of New Jersey and C & a Carbone, in 96-5567. New Jersey Department of Environmental Protection Scott A. Weiner and Robert C. Shinn, Jr., Commissioner, in 96-5568. Cape May County Municipal Utilities Authority ("Cmcmua"), in 96-5569. Essex County Utilities Authority Hudson County Improvement Authority Mercer County Improvement Authority and Passaic County Utilities Authority, in 96-5570Court of Appeals for the Third Circuit · 1997

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