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Fiore v. White

ELR Citation: 30 ELR 20165
Nos. No. 97-3288, 120 S. Ct. 469/(U.S., 11/30/1999) question certified

The Court certifies to the Pennsylvania Supreme Court the question of whether it either correctly applied Pennsylvania's hazardous waste law or changed the application of the law when it held in Commonwealth v. Scarpone, 535 Pa. 273 (1993), that a hazardous waste facility operator holding a permit could not be convicted of operating without a permit even though operation of the facility deviated greatly from the permit's terms. Pennsylvania convicted co-operators of violating a state law forbidding any person to operate a hazardous waste facility without a permit. Each co-operator appealed to a different intermediate state court. The Fiore court affirmed the conviction, but the Scarpone court subsequently reversed. Therefore, to determine whether the conviction should be set aside, the Court first certifies the question of whether the Pennsylvania Supreme Court stated the correct interpretation of the statute in Scarpone at the time that the Fiore conviction became final.

[A prior decision in this litigation is published at 28 ELR 21442.]

Counsel for Petitioner
Harold Gondelman
Plowman, Spiegel & Lewis
The Grant Bldg.
310 Grant St., 2d Fl., Pittsburgh PA 15219
(412) 471-8521

Counsel for Respondent
Andrea F. McKenna, Senior Deputy Attorney General
Attorney General's Office
Strawberry Sq., 15th Fl., Harrisburg PA 17120
(717) 787-3391