COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner,
v.
The Honorable Robert JUBELIRER, President Pro Tempore of the Senate, the Honorable D. Michael Fisher, Chairman of the Senate Environmental Resources and Energy Committee, the Senate of the Commonwealth of Pennsylvania et al., Respondents.
Commonwealth Court of Pennsylvania.https://leagle.com/images/logo.png
Argued October 4, 1989.
Decided December 7, 1989.
Attorney(s) appearing for the Case
Keith E. Welks, Chief Counsel, with him, Richard P. Mather, Asst. Counsel, Dept. of Environmental Resources, Richard D. Spiegelman, Executive Deputy Gen. Counsel, Harrisburg, and Carl H. Shuman, Deputy Gen. Counsel, Office of General Counsel, Office of the Governor, for petitioner.
John P. Krill, Jr., with him, Linda J. Shorey, Ronald W. Chadwell, and R. Timothy Weston, Kirkpatrick & Lockhart, Harrisburg, for respondents, Robert Jubelirer, President Pro Tem. of The Senate, D. Michael Fisher, Chairman of the Senate Environmental Resources and Energy Committee, and The Senate of the Com. of Pa.
James L. Walsh, with him, Vincent C. DeLiberato, Harrisburg, for respondents, Gary D. Hoffman, Director of the Pennsylvania Code and Pennsylvania Bulletin, John Hartman, Director of the Legislative Reference Bureau, and The Legislative Reference Bureau.
S. David Fineman, Fineman & Bach, P.C., Philadelphia, with him, W.C. Matthews, III, Chief Counsel, Coatesville, Independent Regulatory Review Commission, for respondents, John R. McGinley, Jr., Chairman of the Independent Regulatory Review Commission, Commissioner Irvin G. Zimmerman, Commissioner Robert J. Harbison, III, Commissioner Mark Schwartz, Frank J. Ertz, Executive Director of the Independent Regulatory Review Commission, and the Independent Regulatory Review Commission.
Edwin L. Klett, with him, William A.K. Titelman, Christine L. Donohue and William H. Clark, Jr., Pittsburgh, Klett, Lieber, Rooney & Schorling, for amicus curiae, The House of Representatives of the Com. of Pa.
Henry G. Barr, Rhoads & Sinon, Harrisburg, for amicus curiae, Pennsylvania Chamber of Business and Industry.
Douglas Y. Christian, with him, Judith L. Rosenthal, Reed, Smith, Shaw & McClay, Philadelphia, and Stanley L. Arabis, Randor, for amicus curiae, Sun Company, Inc.
Before CRUMLISH, Jr., President Judge, and BARRY, COLINS, PALLADINO and SMITH, JJ.
Commonwealth Court of Pennsylvania.
OPINION
CRUMLISH, Jr., President Judge.
The Pennsylvania Department of Environmental Resources (DER) has filed a petition for review, an application for special relief, and a motion for expedited consideration of the application for special relief addressed to this Court's original jurisdiction. DER asks this Court (1) to declare the Regulatory Review Act (Act), Act of June 25, 1982, P.L. 633,
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