Commonwealth Court of Pennsylvania November 15, 2012 (Sayreville Seaport Associates Acquisition Co. v. Department of Environmental Protection)

OPINION BY

Judge LEADBETTER.

Sayreville Seaport Associates Acquisition Company, LLC petitions for review of the adjudication of the Environmental Hearing Board (Board), which vacated two opinions of the Department of Environmental Protection (Department) stating that Sayreville was precluded by statute and regulation from either disposing of soil with radioactive concerns or beneficially using it