Pa. Appeals Court Revives Challenge To Sewage Rule

Law360, New York (August 25, 2009, 7:46 PM EDT) -- A Pennsylvania appeals court has revived a challenge to East Brunswick Township’s ordinance that put restrictions on farms' use of sewage sludge to fertilize land.

The Commonwealth Court of Pennsylvania on Friday overruled the township’s objections to the Pennsylvania Office of Attorney General’s claims that the 2008 ordinance was preempted by state statutes that regulate sewage sludge in the commonwealth and interfered with normal agricultural operations in violation of state law.

“The parallel local scheme of regulation is fundamentally flawed,” the Pennsylvania court stated.

The ordinance...
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