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Series VI. Litigation

Scope and Content Notes:

These records document CRY's legal challenges to Mill Service, Inc.'s waste disposal operations in southwest Pennsylvania from 1986 through 1994. One of the main cases was first brought to the Environmental Hearing Board (EHB), a distinct judicial arm of the DER (now DEP), by CRY and Westmoreland County to challenge the legitimacy of permits granted by the DER to Mill Service for waste disposal, construction, and mining. Another main case represented was brought by Yukon residents petitioning for relief or compensation from Mill Service for deleterious effects to health and property values (multiple complaints were soon consolidated). Suits were also filed by Mill Service and the DER against CRY and its members in response to disruptive demonstrations staged near Mill Service and DER properties. Though CRY's challenges to Mill Service's permits resulted in periods of temporary suspension for the company, the allegations of unlawful conduct were never resolved in CRY's favor, and a protracted series of appeals was finally abandoned in 1994 when CRY's finances did not allow for counsel. The DER ultimately approved all Mill Service operations based on the Consent Order and amendments.

Appeals of EHB decisions are heard in Pa. Commonwealth Court. Challenges and petitions for relief were heard variously in the Courts of Common Pleas of Westmoreland and Allegheny Counties, the United States District Court for the Western District of Pennsylvania in Pittsburgh, and the Supreme Court of Pennsylvania. Not all actions were pursued to definitive decision; several were dismissed or dropped after relatively short periods of time. Legal briefs, complaints, motions and appeals are arranged chronologically and secondarily by docket or case number. In instances of transfer between courts, or consolidation, several different case or docket numbers may be assigned to a single general legal action. There is also a section of legal correspondence, mostly to and from CRY's attorneys: Gail Phelps until 1988, Robert J. Ging from 1988 to 1994.

Folder 28 Outline of EHB Appeal Process
Folder 29 Mill Service Consent Agreements with EPA/DER, 1975-1976
Folder 30 Consent Orders, Pa. DER v. Mill Service, Inc. Nos. 1406-07 C.D. 1985 in the Commonwealth Court of Pa.., May 24, 1985
Folder 31 Amendment No. 1 to Consent Order and Adjudication, In the Matter of Mill Service, May 14, 1990
Folder 32 Legal Statement to Support Pa.'s Final Authorization of the Hazardous Waste Management Program, October 1985
Folder 33-35 Babich (et al.) v. Mill Service (et al.). Civil Division No. 2070 of 1985 in the Court of Common Pleas of Westmoreland Co., 1985-1988
Folder 36 Health Surveys- Kodrin, 1986
Folder 37 Co. of Westmoreland V. Mill Service, No. 8075 of 1985 in Court of Common Please of Westmoreland Co., Complaint in Equity, 1985
Folder 38 Seaton v. Mill Service, No. 8107 of 1986 in the Civil Division of the Court of Common Pleas of Westmoreland Co., 1986
Folder 39 Babich (et al.) v. Mill Service (et al.). C.A. No. 87-0210 in the U.S. District Court for the Western District of Pa., 1987-1989
Folder 40 Copies of Pa. DER Permits (to Mill Service for Impoundment No. 6) Nos. 301071, E65-164, D-65-163, and (65) 65-84-8-2, August 6, 1986
Folder 41 Notice of Appeal of Permits by CRY (et al.), in the matter of CRY v. Pa. DER before the EHB in the matter of Mill Service, Sept. 3, 1986
Folder 42 Notice of Appeal of Permits by Westmoreland Co., Sept. 5, 1986
Folder 43 CRY (et al.) v. Mill Service in the Court of Common Pleas of Westmoreland Co., Complaint, 1986

Box 16
Folder 1 EHB No. 86-154-R
Folder 2-7 CRY, et al., v. Pa. DER and Mill Service, EHB No. 86-513-R (Consolidated with 86-438-R to 86-512-R), AND Westmoreland Co. v. Pa. DER and Mill Service, EHB No. 86-515-R, 1986-1990
Folder 8-10 Mill Service v. Pa. DER (and CRY, intervener), EHB No. 86-514-R, 1986-1987
Folder 11 CRY v. Pa. DER (and Mill Service, intervener), EHB No. 89-113-F, 1989
Folder 12 CRY v. Pa. DER, EHB No. 89-133-W (later consolidated EHB 89-513-R), 1989
Folder 13-14 CRY v. Pa. DER and Mill Service, EHB No. 86-513-MJ, 1990-1993
Folder 15 Mill Service v. Pa. DER, EHB No. 87-438-R, 1988
Folder 16 Steck v. Mill Service et al., No. 4646 of 1989, in the Court of Common Pleas of Westmoreland Co., 1989
Folder 17 Petition for Writ of Certorari by the Pa. DER, Docket No. 06105-1989 in the Civil Division, Court of Common Pleas of Allegheny Co., 1989
Folder 18 Petition for Writ of Certorari by the Pa. DER, No. S.A. 2636-89 in the Civil Division, Statutory Appeals, Court of Common Pleas of Allegheny Co., 1989
Folder 19 Mill Service v. CRY (et al.), No. 7195 of 1989 in the Civil Division, Court of Common Pleas of Westmoreland Co., 1989-1991
Folder 20 CRY v. Pa. DER and Mill Service, EHB Notice of Appeal, May 1989
Folder 21-22 CRY v. Pa. DER and Mill Service, EHB No. 89-133-MJ, 1990-1993
Folder 23-24 CRY and Westmoreland Co. v. Pa. DER and Mill Service, No. 458 C.D. 1993 and No. 501 C.D. 1993 in the Commonwealth Court of Pa., 1993-1994
Folder 25 CRY v. Pa. DER and Mill Service, No. 1986 C.D. 1993 in the Commonwealth Court of Pa., 1993-1994

Box 17
Folder 1 CRY v. Pa. DER and Mill Service, No. 634 W.D. Allocatur Docket 1994 in the Supreme Court of Pa., 1994-1995
Folder 2 CRY v. Pa. DER, No. 14 W.D. Appeal Docket 1995 in the Supreme Court of Pa., 1995
Folder 3-8 CRY et al. v. Mill Service, C.A. No. 90-0923 in U.S. District Court, 3rd Circuit, for Western District of Pa.., 1990
Folder 9-12 CRY (et al.) v. Mill Service, No. 3078 of 1990 in the Court of Common Pleas of Westmoreland Co., 1990-1993
Folder 13 Mill Service v. CRY (et al.) and Pa. DER, No. 2506 C.D. 1991 in the Commonwealth Court of Pa., 1992
Folder 14 Mill Service v. CRY (et al.), No. 632 W.D. Allocatur Docket in the Supreme Court of Pa., 1992
Folder 15-17 CRY (et al.) v. Mill Service, No. 0005 W.D. Appeal Docket 1993 in the Supreme Court of Pa., 1993
Folder 18 CRY et al. v. Mill Service and Pa. DER, No. 247 M.D. 1994 in the Supreme Court of Pa., 1994
Folder 19 CRY v. Pa. DER, Mill Service, petitioner, No. 621 W.D. Allocatur Docket 1995 in the Supreme Court of Pa., 1995
Folder 20 Notice of Appeal of Permit No. 301071 and Modification, Request for Public Hearing, 1991
Folder 21 CRY v. Pa. DER, EHB No. 91-544-MJ, 1991-1992
Folder 22 CRY (and Westmoreland Co). v. Pa. DER and Mill Service, EHB No. 92-106-MJ, 1992-1995
Folder 23 Mill Service v. Pa. DER, EHB No. 92-251-MJ, 1993
Folder 24-27 CRY v. Pa. DER (and Mill Service), EHB No. 92-249-MJ, 1992-1993
Folder 28 EHB Jan 1995 and DIB - Scurrilous Comments, 1995
Folder 29 Property Tax Assessments/Appeals, 1990-1997
Folder 30 IRS Tax Assessment, 1993
Folder 31 Commonwealth of Pa. v. Frank Trputec, No. 00802 Pittsburgh, 1986 in the Superior Court of Pa., May 1987

Box 18
Folder 1-3 City of Coatesville v. Delaware Container Co., Nos. 88-1688, 88-1763, 88-1816 in the U.S. Court of Appeals, 3rd Circuit, Eastern District of Pa." Brief of Amicus Curiae" (Manderino and CRY, Pa. DER), 1987-1989
Folder 4 Envirotrol v. Paul Morack, et al., No. 1866-1991 in the Civil Div., Court of Common Pleas of Beaver Co., 1991
Folder 5 Alice Water Protection Assoc. v. Commonwealth of Pa., Pa. DEP, and Amerikohl Mining, EHB No. 95-112-R, "Brief of Amicus Curiae" (CRY, et al.)
Folder 6 Mill Service, Inc. Benefit Fee Case
Folder 7 Ging Policy Legislation, 1989-1991
Folder 8 Litigation Notes
Folder 9 Public Interest Law Group
Folder 10-12 Correspondence: Phelps, Gail
Folder 13-27 Correspondence: Ging, Robert