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KEY TOPICS: REGULATION OF PARTICULAR USES, PREEMPTION
Synagro-WWT, Inc. v. Rush Twp., 299 F.Supp.2d 410
Hydropress Environmental Services v. Twp of Upper Mt. Bethel
A federal judge in the Middle District of Pennsylvania ruled that Pennsylvania’s Solid Waste Management Act (SWMA) largely preempted a local ordinance regulating the use of biosolids for the reclamation of surface mine sites. In coming to this decision, the court recognized that because the opinion for Hydropress v. Twp of Upper Mt. Bethel, was a plurality opinion with respect to this issue of preemption, it did not have controlling authority over the courts. Therefore, the court considered the preemption issue anew and determined that municipal regulations are permissible if they further the goals of SWMA. However, these regulations cannot impose onerous requirements that stand as obstacles to accomplishment and execution of the full purposes and objectives of the legislature.
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