PA. IND. PET. PRODUCERS v. PennDER.

No. 1195 C.D. 1985.

106 Pa.Commw. 72 (1987)

525 A.2d 829

Pennsylvania Independent Petroleum Producers, A Non-Profit Corporation, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources and Nicholas De Benedictis, Secretary of Environmental Resources of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

May 11, 1987.


Attorney(s) appearing for the Case

Thomas L. Cooper, with him, Alfred S. Pelaez, Gilardi, Cooper, & Gismondi, P.A., for petitioner.

Jerome T. Foerster, Deputy Attorney General, with him, Justina Wasicek, Assistant Counsel, Andrew S. Gordon, Chief Deputy Attorney General, for respondents.

Argued November 19, 1986, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., May 11, 1987:

The Pennsylvania Independent Petroleum Producers1 (PIPP) filed a petition for review in the nature of an equitable action for declaratory judgment challenging the constitutionality of the 1984 Oil and Gas Act.2 The Commonwealth filed preliminary objections, which were denied per curiam. Pennsylvania Independent Petroleum

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