Pennsylvania Environmental Defense Foundation v. Commonwealth

CONCURRING & DISSENTING OPINION BY

Judge COHN JUBELIRER.

I commend the Majority for a thorough and thoughtful opinion. While I join Parts I, II, III, and IV(A-D) of the Majority opinion, I respectfully dissent as to Part IV(E) of the opinion.

Although there has been no final decision regarding whether to lease additional state lands for oil and natural gas development, the Majority nonetheless addresses this potentiality in Part IV(E) of the opinion. Courts should resolve actual disputes when they are presented, not give advisory opinions. Judicial constraint is particularly important when…