Commonwealth, Department of Environmental Resources v. Fiore

Supreme Court of Pennsylvania

Commonwealth, Department of Environmental Resources v. Fiore

486 A.2d 950, 506 Pa. 564, 1985 Pa. LEXIS 298

Supreme Court of Pennsylvania·Decided February 13, 1985·No. Appeal No. 75 W.D. Appeal Docket 1983·Published·Cited by 1 cases

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ORDER OF COURT

PER CURIAM.

AND NOW, to-wit, on this 13th day of February 1985, paragraphs (1), (4), (6), (7), (8), (9), (10) and (11) of the Commonwealth Court’s order dated October 28, 1983 are affirmed.

IT IS FURTHER ORDERED that the matter be remanded to the Commonwealth Court for a determination of the suitability of the Phase II pit for storage or disposal of the waste material which is presently stored in the temporary storage pit. Paragraphs (2), (3) and (5) of the Commonwealth Court’s order are stayed pending this determination.

[565] The Consent Order and Agreement executed by the parties on January 25, 1983 shall continue in full force and effect except insofar as may be inconsistent with this order.

LARSEN, J., filed a concurring and dissenting opinion in which NIX, C.J., and HUTCHINSON, J., joined.

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ORDER OF COURT

PER CURIAM.

AND NOW, to-wit, on this 13th day of February 1985, paragraphs (1), (4), (6), (7), (8), (9), (10) and (11) of the Commonwealth Court’s order dated October 28, 1983 are affirmed.

IT IS FURTHER ORDERED that the matter be remanded to the Commonwealth Court for a determination of the suitability of the Phase II pit for storage or disposal of the waste material which is presently stored in the temporary storage pit. Paragraphs (2), (3) and (5) of the Commonwealth Court’s order are stayed pending this determination.

[565] The Consent Order and Agreement executed by the parties on January 25, 1983 shall continue in full force and effect except insofar as may be inconsistent with this order.

LARSEN, J., filed a concurring and dissenting opinion in which NIX, C.J., and HUTCHINSON, J., joined.

Commonwealth, Department of Environmental Resources v. Fiore, 486 A.2d 950, 506 Pa. 564, 1985 Pa. LEXIS 298 (Pa. 1985).

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