Hoffman Mining Co. v. Zoning Hearing Board

I concur in the result reached by the Majority and join its analysis, insofar as that analysis goes; I also join Mr. Justice Saylor’s Concurring Opinion, as I will explain below. The Majority appears to review all of appellant’s claims through the prism of the express preemption clause of the Surface Mining Conservation and Reclamation Act (the “Surface Mining Act”), 52 P.S. § 1396.17a. While such an analysis accounts for some of appellant’s arguments, the bulk of appellant’s field and conflict preemption points are not directly addressed. The oversight may be a consequence of imprecise…