22 Pennsylvania opinions name it 2 courts 1984–2024 4 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Arsenal Coal Co. v. Commonwealth, Department of Environmental Resourcesgreen2 sentences2024“Where the effect of the challenged regulations upon the industry regulated is direct and immediate, the hardship thus presented suffices to establish the justiciability of the challenge in advance of enforcement.” Arsenal Coal Co. v. Commonwealth, 477 A.2d 1333, 1339 (Pa. 1984). 2024“Where the effect of the challenged regulations upon the industry regulated is direct and immediate, the hardship thus presented suffices to establish the justiciability of the challenge in advance of enforcement.” Arsenal Coal Co. v. Department of Environmental Resources, 477 A.2d 1333, 1339 (Pa. 1984). | 6 | 14 |
Robinson Township v. Commonwealthgreen2 sentences2017There, we were called upon to give enforceable meaning to terms like “clean air [and] pure water,” “preservation of the natural, scenic, historic and esthetic values of the environment,” and “natural resources,” and we undertook to delineate how the Commonwealth might satisfy its mandate to “conserve and maintain [these natural resources] for the benefit of all the people.” See Robinson Twp., 83 A.3d at 969 (Opinion Announcing the Judgment of the Court).63 We rejected the suggestion that the question was so political as to remove it from our purview. 2016The justiciability doctrine of ripeness is similar to standing, “especially where the contentions regarding lack of justiciability are focused on arguments that the interest asserted by the petitioner is speculative, not concrete, or would require the court to offer an advisory opinion.” Robinson Twp., Washington Cnty. v. Commonwealth, 83 A.3d 901, 917 (Pa. 2013). | 2 | 2 |
Town of McCandless v. McCandless Police Officers Ass'ngreen2 sentences2015Town of McCandless v. McCandless Police Officers Association, 901 A.2d 991, 1002 (Pa. 2006). 2015Town of McCandless v. McCandless Police Officers Association, 587 Pa. 525 , 901 A.2d 991, 1002 (2006). | 2 | 2 |
Zemprelli v. Danielsgreen2 sentences1992While the justiciability doctrine permits an exception where a legislative rule conflicts with the Constitution, Zemprelli v. Daniels, 496 Pa. 247 , 436 A.2d 1165 (1981), no such suggestion even appears in the Plaintiffs’ complaint here. 1992While the justiciability doctrine permits an exception where a legislative rule conflicts with the Constitution, Zemprelli v. Daniels, 496 Pa. 247 , 436 A.2d 1165 (1981), no such suggestion even appears in the Plaintiffs’ complaint here. | 1 | 3 |
Norma Faye Pyles Lynch Family Purpose LLC v. Putnam Countygreen2 sentences2024The Tennessee Supreme Court usefully has offered the following explanation of the traditional justiciability factors: “While the doctrines of standing and ripeness focus on the suit’s birth, the doctrine of mootness focuses attention on the suit’s death.” Norma Faye Pyles Lynch Family Purpose LLC v. Putnam County, 301 S.W.3d 196, 204 (Tenn. 2009) (“Norma Faye Pyles”). 16 See Norma Faye Pyles, 301 S.W.3d at 204 (“In the absence of an explicit constitutional imperative, decisions to dismiss a case on the ground of mootness require the exercise of judgment based on the facts and circumstances of 2024The Tennessee Supreme Court usefully has offered the following explanation of the traditional justiciability factors: “While the doctrines of standing and ripeness focus on the suit’s birth, the doctrine of mootness focuses attention on the suit’s death.” Norma Faye Pyles Lynch Family Purpose LLC v. Putnam County, 301 S.W.3d 196, 204 (Tenn. 2009) (“Norma Faye Pyles”). 16 See Norma Faye Pyles, 301 S.W.3d at 204 (“In the absence of an explicit constitutional imperative, decisions to dismiss a case on the ground of mootness require the exercise of judgment based on the facts and circumstances of | 1 | 1 |
Abbott Laboratories v. Gardnerred2 sentences1984See Abbott Laboratories v. Gardner, 387 U.S. 136 , 87 S.Ct. 1507 , 18 L.Ed.2d 681 (1967) modified on other grounds, Califano v. Sanders, 430 U.S. 99 , 97 S.Ct. 980 , 51 L.Ed.2d 192 (1977); Gardner v. Toilet Goods Assoc., 387 U.S. 167 , 87 S.Ct. 1526 , 18 L.Ed.2d 704 (1967); contra Toilet Goods Assoc. v. Gard ner, 387 U.S. 158 , 87 S.Ct. 1520 , 18 L.Ed.2d 697 (1967) (impact not immediate and direct where regulation is not self-executing and thus does not affect primary conduct of the enterprise). 1984See Abbott Laboratories v. Gardner, 387 U.S. 136 , 87 S.Ct. 1507 , 18 L.Ed.2d 681 (1967) modified on other grounds, Califano v. Sanders, 430 U.S. 99 , 97 S.Ct. 980 , 51 L.Ed.2d 192 (1977); Gardner v. Toilet Goods Assoc., 387 U.S. 167 , 87 S.Ct. 1526 , 18 L.Ed.2d 704 (1967); contra Toilet Goods Assoc. v. Gard ner, 387 U.S. 158 , 87 S.Ct. 1520 , 18 L.Ed.2d 697 (1967) (impact not immediate and direct where regulation is not self-executing and thus does not affect primary conduct of the enterprise). | 1 | 1 |
Califano v. Sandersgreen2 sentences1984See Abbott Laboratories v. Gardner, 387 U.S. 136 , 87 S.Ct. 1507 , 18 L.Ed.2d 681 (1967) modified on other grounds, Califano v. Sanders, 430 U.S. 99 , 97 S.Ct. 980 , 51 L.Ed.2d 192 (1977); Gardner v. Toilet Goods Assoc., 387 U.S. 167 , 87 S.Ct. 1526 , 18 L.Ed.2d 704 (1967); contra Toilet Goods Assoc. v. Gard ner, 387 U.S. 158 , 87 S.Ct. 1520 , 18 L.Ed.2d 697 (1967) (impact not immediate and direct where regulation is not self-executing and thus does not affect primary conduct of the enterprise). 1984See Abbott Laboratories v. Gardner, 387 U.S. 136 , 87 S.Ct. 1507 , 18 L.Ed.2d 681 (1967) modified on other grounds, Califano v. Sanders, 430 U.S. 99 , 97 S.Ct. 980 , 51 L.Ed.2d 192 (1977); Gardner v. Toilet Goods Assoc., 387 U.S. 167 , 87 S.Ct. 1526 , 18 L.Ed.2d 704 (1967); contra Toilet Goods Assoc. v. Gard ner, 387 U.S. 158 , 87 S.Ct. 1520 , 18 L.Ed.2d 697 (1967) (impact not immediate and direct where regulation is not self-executing and thus does not affect primary conduct of the enterprise). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pennsylvania Independent Oil & Gas Ass'n v. Commonwealth, Department of Environmental Protection
green
1 sentence2018Relying on Pennsylvania Independent Oil & Gas Association v. Department of Environmental Protection , 135 A.3d 1118 , 1123 (Pa. Cmwlth. 2015) ( PIOGA ), aff'd , 161 A.3d 949 (Pa. 2017), Petitioner maintains that this Court has original jurisdiction to resolve a facial challenge concerning the overall validity and constitutionality of an agency's as-applied permitting process as a whole. | 1 | 2018–2018 |
Pennsylvania Independent Oil & Gas Ass'n v. Commonwealth, Department of Environmental Protection
green
1 sentence2018Relying on Pennsylvania Independent Oil & Gas Association v. Department of Environmental Protection , 135 A.3d 1118 , 1123 (Pa. Cmwlth. 2015) ( PIOGA ), aff'd , 161 A.3d 949 (Pa. 2017), Petitioner maintains that this Court has original jurisdiction to resolve a facial challenge concerning the overall validity and constitutionality of an agency's as-applied permitting process as a whole. | 1 | 2018–2018 |
Empire Sanitary Landfill, Inc. v. Commonwealth
green
1 sentence2015We conclude that, under either of these exceptions, PI-OGA’s Petition for Review is not barred by its failure to exhaust its members’ administrative remedies before seeking judicial review of the. issue set forth therein. • First, as our Supreme Court recognized in Empire Sanitary Landfill, Inc., although the EHB has some authority in certain cases to consider constitutional questions concerning regulations within its jurisdiction, “[i]t does not ... have the power to grant declaratory judgment and injunctive relief pursuant to the Declaratory Judgments] Act, ... because only courts of record | 1 | 2015–2015 |
Goebert v. Ondek
green
1 sentence1995Id. (citing Zemprelli v. Daniels, 496 Pa. 247 , 436 A.2d 1165 (1981)). 4 As in Dintzis , Blackwell has not suggested that the City Council’s internal rules conflict with the Constitution and, in fact, points out in her brief that this action is not based on any alleged constitutional deprivation. | 1 | 1995–1995 |
GRAND CS LANDFILL v. PennDER
green
1 sentence1990Reviewing DER’s preliminary objections, this court noted that while Grand Central generally alleged that the contested regulations affect the entire industry, the absence of “any allegation by Grand Central that it is currently in violation of the regulations, or is immediately threatened by specific circumstances, the direct and immediate harm contemplated by our Supreme Court in Arsenal is nonexistent.” Grand Central, 123 Pa.Commonwealth Ct. at 502, 554 A.2d at 184 . | 1 | 1990–1990 |
Gardner v. Toilet Goods Assn., Inc.
green
2 sentences1984See Abbott Laboratories v. Gardner, 387 U.S. 136 , 87 S.Ct. 1507 , 18 L.Ed.2d 681 (1967) modified on other grounds, Califano v. Sanders, 430 U.S. 99 , 97 S.Ct. 980 , 51 L.Ed.2d 192 (1977); Gardner v. Toilet Goods Assoc., 387 U.S. 167 , 87 S.Ct. 1526 , 18 L.Ed.2d 704 (1967); contra Toilet Goods Assoc. v. Gard ner, 387 U.S. 158 , 87 S.Ct. 1520 , 18 L.Ed.2d 697 (1967) (impact not immediate and direct where regulation is not self-executing and thus does not affect primary conduct of the enterprise). 1984See Abbott Laboratories v. Gardner, 387 U.S. 136 , 87 S.Ct. 1507 , 18 L.Ed.2d 681 (1967) modified on other grounds, Califano v. Sanders, 430 U.S. 99 , 97 S.Ct. 980 , 51 L.Ed.2d 192 (1977); Gardner v. Toilet Goods Assoc., 387 U.S. 167 , 87 S.Ct. 1526 , 18 L.Ed.2d 704 (1967); contra Toilet Goods Assoc. v. Gard ner, 387 U.S. 158 , 87 S.Ct. 1520 , 18 L.Ed.2d 697 (1967) (impact not immediate and direct where regulation is not self-executing and thus does not affect primary conduct of the enterprise). | 1 | 1984–1984 |
The Toilet Goods Association, Inc. v. John w.ga Rdner, Secretary of Health, Education, and Welfare
green
2 sentences1984See Abbott Laboratories v. Gardner, 387 U.S. 136 , 87 S.Ct. 1507 , 18 L.Ed.2d 681 (1967) modified on other grounds, Califano v. Sanders, 430 U.S. 99 , 97 S.Ct. 980 , 51 L.Ed.2d 192 (1977); Gardner v. Toilet Goods Assoc., 387 U.S. 167 , 87 S.Ct. 1526 , 18 L.Ed.2d 704 (1967); contra Toilet Goods Assoc. v. Gard ner, 387 U.S. 158 , 87 S.Ct. 1520 , 18 L.Ed.2d 697 (1967) (impact not immediate and direct where regulation is not self-executing and thus does not affect primary conduct of the enterprise). 1984See Abbott Laboratories v. Gardner, 387 U.S. 136 , 87 S.Ct. 1507 , 18 L.Ed.2d 681 (1967) modified on other grounds, Califano v. Sanders, 430 U.S. 99 , 97 S.Ct. 980 , 51 L.Ed.2d 192 (1977); Gardner v. Toilet Goods Assoc., 387 U.S. 167 , 87 S.Ct. 1526 , 18 L.Ed.2d 704 (1967); contra Toilet Goods Assoc. v. Gard ner, 387 U.S. 158 , 87 S.Ct. 1520 , 18 L.Ed.2d 697 (1967) (impact not immediate and direct where regulation is not self-executing and thus does not affect primary conduct of the enterprise). | 1 | 1984–1984 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.