Legal Opinion

Leatherwood, Inc. v. Commonwealth, Department of Environmental Protection

Commonwealth Court of Pennsylvania

Decided March 18, 2003PublishedCited by 17 opinions

1Opinion of the Court

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 bird/aircraft collisions, we affirm revocation of the permit.

I

The complex procedure of this litigation requires explanation. In May 1995, DEP issued the executory Permit to…

2Cases cited9 opinions

  1. Morrison v. Com., Dept. of Pub. WelfareSupreme Court of Pennsylvania · 1994
  2. Warren Sand & Gravel Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1975
  3. Pequea Township v. HerrCommonwealth Court of Pennsylvania · 1998
  4. Department of Environmental Protection v. North American Refractories Co.Commonwealth Court of Pennsylvania · 2002
  5. Birdsboro & Birdsboro Municipal Authority v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2002

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3Cited by17 opinions

  1. Del. Riverkeeper Network v. Sec'y Pa. Dep't of Envtl. Prot.Court of Appeals for the Third Circuit · 2018
  2. Pennsylvania Trout v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2004
  3. Transcontinental Gas Pipe Line Co LLC v. Pennsylvania Environmental Hearing BoardCourt of Appeals for the Third Circuit · 2024
  4. Delaware Riverkeeper v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2005
  5. Eagle Environmental, L.P. v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2003

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