Commonwealth v. Marks Contracting, Ltd.

DISSENTING OPINION BY

Judge SIMPSON.

I respectfully disagree that Department of Environmental Protection (DEP) field inspectors are empowered to initiate significant criminal prosecutions without reference to law enforcement officers or judicial officers under the statute known as the 1957 Blasting Act.1 I dissent because such power is unexpressed, unnecessary, and unwise.

First, it is undisputed that the 1957 Blasting Act does not expressly authorize agency employees to initiate criminal proceedings.2 Significantly, the statute spe-eifically vests civil enforcement authority by granting the…