Legal Opinion · Dissent
Big "B" Mining Co. v. Department of Environmental Resources
Commonwealth Court of Pennsylvania
Decided August 27, 1991No. 740 C.D. 1990Published
1DissentPellegrini, Judge
I respectfully dissent. This appeal involves the novel issue of how a Pennsylvania statute passed to mirror federal legislation in order that Pennsylvania agencies could obtain “primacy” in enforcement should be interpreted. Should we apply the “plain meaning” of the words our General Assembly enacted or should we adopt the interpretation given to those words as intended by Congress as evidenced by federal courts prior to its adoption by our General Assembly? Because our General Assembly did not have any legislative intent other than to adopt a statute that mirrored the federal legislation…
2Cases cited8 opinions
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Watt v. AlaskaSupreme Court of the United States · 1981
- National Wildlife Federation v. Donald P. Hodel, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1988
- In Re Permanent Surface Mining Regulation Litigation. Appeal of Peabody Coal CompanyCourt of Appeals for the D.C. Circuit · 1981
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