Penn Terra Ltd. v. Department of Environmental Resources
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
GARTH, Circuit Judge.
This case demonstrates the difficulty encountered when two governmental policies — one federal and one state — come into arguable conflict. On the one hand, the federally created bankruptcy policy requires that the assets of a debtor be preserved and protected, so that in time they may be equitably distributed to all creditors without unfair preference. On the other hand, the environmental policies of the Commonwealth of Pennsylvania require those within its jurisdiction to preserve and protect natural resources and to rectify damage to the environment…
2Cases cited15 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Maryland v. LouisianaSupreme Court of the United States · 1981
- Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
- National Labor Relations Board v. Amax Coal Co.Supreme Court of the United States · 1981
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3Cited by55 opinions
- Ohio v. KovacsSupreme Court of the United States · 1985
- In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
- National Labor Relations Board v. Edward Cooper Painting, Inc., and Cooper & Cooper Painting, an Alter EgoCourt of Appeals for the Sixth Circuit · 1986
- Volvo White Truck Corp. v. Chambersburg Beverage, Inc. (In Re White Motor Credit Corp.)United States Bankruptcy Court, N.D. Ohio · 1987
- William E. Brock, Secretary of Labor v. Morysville Body Works, Inc.Court of Appeals for the Third Circuit · 1987
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