The action reverses a January 8, 2024 decision by the Environmental Hearing Board upholding the permit and dismissing the appeal by the township and citizens group. [EHB Docket 2021007]
As the Court noted, the Tri-County Landfill has a "tortured history" that spans more than 35 years in more than one permitting proceeding.
The Court said the petitioners presented five questions for the Court to consider--
-- Whether the Board’s determination that the Landfill may be permitted within 10,000 feet of an airport is supported by substantial evidence in the record and complies with Pennsylvania law;
-- Whether the Board’s finding that TCL’s compliance history was satisfactory is supported by substantial evidence in the record and complies with Pennsylvania law;
-- Whether the Board’s application of the harms/benefit test is supported by substantial evidence and complies with Pennsylvania law;
-- Whether the Board erred in failing to conclude that TCL and the Department waived certain issues by not addressing them in their post-hearing briefs; and
-- Whether the Board violated the state's Environmental Rights Amendment.
The Court only ruled on one of the issues-- the 10,000 foot setback.
The Court found the Environmental Hearing Board erred as a matter of law and said the permit should not have been issued because the landfill was within the 10,000 foot setback.
If this decision is appealed, the other four issues will still be in play.
Click Here for the Commonwealth Court decision.
Visit DEP’s Tri-County Landfill webpage for more information.
[Note: This post will be updated as more information becomes available.]
NewsClip:
-- Marcellus Drilling News: Commonwealth Court Overturns Permit For Drill Cuttings Landfill In Mercer County [PDF of Article]
Resource Links:
[Posted: August 7, 2025] PA Environment Digest
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