PHILA. CHEWING GUM CORP. v. DER.

Nos. 1389, 1390, 1395 and 1415 C.D. 1976.

35 Pa.Commw. 443 (1978)

Philadelphia Chewing Gum Corporation, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Shell Oil Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources and Township of Haverford, Respondents. National Wood Preservers, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Clifford Rogers and Virginia Rogers, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

May 24, 1978.


Attorney(s) appearing for the Case

Leonard Dubin, with him Jeanne P. Wrobleski, Andrea B. Wapner, and, of counsel, Blank, Rome, Klaus & Comisky, for appellant, Philadelphia Chewing Gum Corporation.

J. Stokes Adams, III, with him Alan V. Vaskas, and Hepburn, Ross, Willcox & Putnam, for appellant, Shell Oil Company.

Stephen R. Bolden, with him Fell, Spalding, Goff & Rubin, for appellant, National Wood Preservers, Inc.

James S. Kilpatrick, Jr., with him Haws & Burke, for appellants, Clifford and Virginia Rogers.

Dennis M. Coyne, Assistant Attorney General, for appellee.

Argued October 4, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS and BLATT.


OPINION BY PRESIDENT JUDGE BOWMAN, May 24, 1978:

At the heart of these consolidated appeals is the following fundamental question: Under what circumstances may the Commonwealth order a landowner or an occupier of land to correct a condition existing on his land which is causing pollution of Commonwealth waters, where such polluting condition was created by the conduct of someone other than the owner or occupier? It is before us by way of an adjudication and order...

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