KEYSTONE BITUMINOUS COAL ASSN. v. DEBENEDICTIS

No. 85-1092.

480 U.S. 470 (1987)

KEYSTONE BITUMINOUS COAL ASSN. ET AL. v. DEBENEDICTIS, SECRETARY, PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES, ET AL.

Supreme Court of United States.

Decided March 9, 1987


Attorney(s) appearing for the Case

Rex E. Lee argued the cause for petitioners. With him on the briefs were Benjamin W. Heineman, Jr., Michael A. Nemeroff, Carter G. Phillips, Henry McC. Ingram, and Thomas C. Reed.

Andrew S. Gordon, Chief Deputy Attorney General of Pennsylvania, argued the cause for respondent. With him on the brief was LeRoy S. Zimmerman, Attorney General.*

Briefs of amici curiae urging affirmance were filed for the State of California ex rel. John K. Van de Kamp et al. by Mr. Van de Kamp, Attorney General of California, pro se, Richard C. Jacobs, N. Gregory Taylor, and Theodora Berger, Assistant Attorneys General, Richard M. Frank, and Craig C. Thompson, and by the Attorneys General for their respective States as follows: John Steven Clark of Arkansas, Jim Smith of Florida, Corinne K. A. Watanabe of Hawaii, Linley E. Pearson, of Indiana, Robert T. Stephan of Kansas, William J. Guste, Jr., of Louisiana, Stephen H. Sachs of Maryland, Francis X. Bellotti of Massachusetts, James E. Tierney of Maine, Frank J. Kelley of Michigan, Hubert H. Humphrey III of Minnesota, Edwin L. Pittman of Mississippi, William L. Webster of Missouri, Robert M. Spire of Nebraska, Stephen E. Merrill of New Hampshire, W. Cary Edwards of New Jersey, Robert Abrams of New York, Lacy H. Thornburg of North Carolina, Michael Turpin of Oklahoma, Dave Frohnmayer of Oregon, Mark V. Meierhenry of South Dakota, W. J. Michael Cody of Tennessee, Jeffrey L. Amestoy of Vermont, Kenneth O. Eikenberry of Washington, and Bronson C. La Follette of Wisconsin; for the National Conference of State Legislatures et al. by Benna Ruth Solomon, Joyce Holmes Benjamin, Beate Bloch, and Robert H. Freilich; and for the Pennsylvania State Grange et al. by K. W. James Rochow.


JUSTICE STEVENS, delivered the opinion of the Court.

In Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), the Court reviewed the constitutionality of a Pennsylvania statute that admittedly destroyed "previously existing rights of property and contract." Id., at 413. Writing for the Court, Justice Holmes explained:

"Government hardly could go on if to some extent...

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