Commonwealth v. Commonwealth

555 A.2d 812, 521 Pa. 121, 1989 Pa. LEXIS 57
CourtSupreme Court of Pennsylvania
DecidedMarch 6, 1989
Docket16 M.D. Appeal Docket 1987
StatusPublished
Cited by3 cases

This text of 555 A.2d 812 (Commonwealth v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Commonwealth, 555 A.2d 812, 521 Pa. 121, 1989 Pa. LEXIS 57 (Pa. 1989).

Opinions

[123]*123OPINION

NIX, Chief Justice.

This is an appeal by the Pennsylvania Game Commission (“Commission”) from an order of the Commonwealth Court, 97 Pa.Commw. 78, 509 A.2d 877 affirming an adjudication of the Environmental Hearing Board (“Board”). We granted review to address the alternative holding of the court below regarding the Commission’s standing to litigate the matter in controversy.

The subject of this case is a solid waste permit granted by the Department of Environmental Resources (“DER”), under the provisions of the Solid Waste Management Act,1 to Ganzer Sand & Gravel, Inc. (“Ganzer”). The permit would allow Ganzer to establish and operate a solid waste landfill on a certain 40-acre tract in Erie County, for the purpose of providing a disposal site for residual waste from the Hammermill Paper Company. The property on which the fill is to be located is adjacent to a 1,343-acre tract of wetlands maintained by the Commission as a waterfowl refuge. The Commission raised various environmental objections to the proposed landfill, and subsequently challenged the issuance of the permit by taking an appeal to the Board pursuant to section 1921-A of the Administrative Code of 1929.2

In its appeal to the Board, the Commission asserted that allowance of the landfill violated several environmental laws, namely, regulations promulgated under the Solid Waste Management Act, provisions of the Dam Safety and Encroachments Act,3 and the environmental rights article of [124]*124the Pennsylvania Constitution, Article I, § 27. The appellant also alleged that the operation of the landfill, in its actual effect, would produce polluted ground water and surface-water runoff, and that such would adversely impact upon the eco-system of the waterfowl sanctuary.

In its argument based on the Solid Waste Management Act, the Commission objected to the ratio of waste to renovative soil that would exist at the landfill, and to the fact that the fill would not have a liner or leachate collection system. According to the appellant, such defects would be violative of design standards mandated by regulations implementing the statute and would be environmentally injurious.

The Commission’s central statutory challenge, however, was based on the Dam Safety and Encroachments Act (“DSEA”). That statute, like others has as one of its express purposes the protection of natural resources and environmental values, 32 P.S. § 693.2(3). To that end, the DSEA provides, inter alia, that “[n]o person shall construct, operate, maintain ... any dam, water obstruction or encroachment without the prior written permit of [DER].” 32 P.S. § 693.6(a) (emphasis added). DER did not consider the DSEA applicable to the landfill; thus, a water-obstruction permit was deemed unnecessary. The Commission, however, contended that the Ganzer fill would create a “water obstruction” as to be subject to the foregoing provision, and that the absence of the special license mentioned therein negated the validity of the solid waste permit. In sum, the Commission urged that DER could not legitimately authorize the Ganzer landfill without first securing compliance with the DSEA. These same contentions were reiterated by the appellant as its exclusive basis for asserting that permission of the landfill would offend Article I, § 27 of the state constitution.

The Board preliminarily questioned whether the Commission, as a sister agency of DER in the Commonwealth governmental structure, had standing to challenge DER’s issuance of the waste permit. Subsequently, in a pre-hear[125]*125ing ruling, the Board determined that the Commission did have standing to prosecute the appeal.

After conducting hearings de novo, the Board entered an extensive written adjudication in which it rejected each of the Commission’s challenges on the merits, and sustained the issuance of the permit to Ganzer. With particular regard to the arguments based on the Dam Safety and Encroachments Act, the Board found as a matter of fact that no streams or drainage courses run through the landfill site, and that the site was higher in elevation than any neighboring watercourses and the wetlands constituting the Commission’s wildlife refuge. On the strength of those findings, the Board concluded that the Ganzer landfill would not create a “water obstruction” as that term is defined by the DSEA,4 and thus, that the statute was not applicable to the case.

With the rejection of the Commission’s assertions under the DSEA, so too failed its argument pursuant to the environmental rights article of the Pennsylvania Constitution, since the constitutional challenge was based exclusively on the appellant’s contentions regarding the DSEA. Although it is clear from the record that the Board’s resolution of the DSEA argument was based on its conclusion that the statute did not apply to the case, the Board articulated that result by loosely stating that the Commission did not have “standing” to make the statute an issue.

It should be emphasized that the Board’s adjudication sustaining the Ganzer permit was not restricted to a determination that the Commission had not met its burden of proof and that its particular legal challenges lacked efficacy. The Board went further and gauged the propriety of the solid waste permit under the governing environmental statutes, and under the environmental article of our state constitution. After making extensive findings of fact based [126]*126on the evidence, the Board determined that the proposed landfill would not have an adverse impact on the environment and that permitting the landfill was otherwise in compliance with the law.

In response to the Board’s decision, the Commission filed a petition for review with the Commonwealth Court. Although it is clear from the Board’s adjudication that the Commission was actually accorded standing to press its challenges, the Commission, in its appeal to the Commonwealth Court, included an assertion that it had been denied “standing” to raise the DSEA as an issue before the administrative tribunal.

As noted at the outset, the Commonwealth Court affirmed the Board’s adjudication. In so deciding, the intermediate appellate court put forth two alternative grounds. The court first concluded that the Commission lacked standing to raise the DSEA, as a basis for challenging the Ganzer permit. The court then proceeded to also decide that, even if the Commission did have the requisite standing, the Board’s adjudication had to be sustained under the standard of judicial review prescribed by section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704.

We will consider first the Commonwealth Court’s conclusion that the Game Commission lacked standing to use the DSEA as a ground for challenging the permit issued by DER. The reasoning of the Commonwealth Court on this point is not altogether clear, but it seems to have at its core a determination that the purposes of the DSEA have nothing to do with the functions of the Commission, i.e., protecting wildlife. Based on that premise, the court decided that the Commission could not be “aggrieved” by DER’s non-enforcement of the DSEA and thus had no legal standing to make an issue of it.

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Related

In re Expungements
938 A.2d 1075 (Superior Court of Pennsylvania, 2007)
Department of Environmental Resources v. Jubelirer
614 A.2d 199 (Supreme Court of Pennsylvania, 1989)
Game Com'n v. Dept. of Env. Resources
555 A.2d 812 (Supreme Court of Pennsylvania, 1989)

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Bluebook (online)
555 A.2d 812, 521 Pa. 121, 1989 Pa. LEXIS 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-commonwealth-pa-1989.