Legal Opinion
Borough of Bedford v. Commonwealth, Department of Environmental Protection
Commonwealth Court of Pennsylvania
Decided April 14, 2009No. 160 M.D. 2008PublishedCited by 29 opinions
1Opinion of the Court
OPINION BY
Judge LEAVITT.
The Borough of Bedford, et al. (collectively, Bedford Group) seeks relief from an enforcement policy of the Pennsylvania Department of Environmental Protection (DEP) undertaken to improve the quality of water' in the Chesapeake Bay. The Bedford Group asserts that DEP’s policy is actually a regulation that is void and unenforceable because it was not promulgated in accordance with the statutory procedures that must be satisfied before an administrative agency’s regulation can take effect. Concluding that there exist outstanding factual questions that must be resolved…
2Cases cited20 opinions
- Commonwealth v. Gilmour Manufacturing Co.Supreme Court of Pennsylvania · 2003
- Arsenal Coal Co. v. Commonwealth, Department of Environmental ResourcesSupreme Court of Pennsylvania · 1984
- Pacific Gas & Electric Co. v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1974
- Pennsylvania Human Relations Commission v. Norristown Area School DistrictSupreme Court of Pennsylvania · 1977
- Manor v. Department of Public WelfareCommonwealth Court of Pennsylvania · 2002
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Allegheny County Department of Administrative Services v. A Second Chance, Inc.Commonwealth Court of Pennsylvania · 2011
- Germantown Cab Co. v. Philadelphia Parking AuthorityCommonwealth Court of Pennsylvania · 2010
- Bussinger v. Department of CorrectionsCommonwealth Court of Pennsylvania · 2011
- Northwestern Youth Services, Inc. v. Commonwealth, Department of Public Welfare & Office of Children, Youth & FamiliesCommonwealth Court of Pennsylvania · 2010
- Germantown Cab Co. v. Philadelphia Parking AuthoritySupreme Court of Pennsylvania · 2012
24 more not listed; retrieve them via the Exa API.