PA. Environ. Defense Fd., Aplt. v. Com & Gov. Wolf ( 2021 )

[J-78-2020][M.O. – Donohue, J.]
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
PENNSYLVANIA ENVIRONMENTAL : No. 64 MAP 2019
DEFENSE FOUNDATION, :
: Appeal from the Order of the
Appellant : Commonwealth Court dated 7/29/19 at
: No. 228 MD 2012
:
v. : ARGUED: September 17, 2020
:
:
:
COMMONWEALTH OF PENNSYLVANIA, :
AND GOVERNOR OF PENNSYLVANIA, :
TOM WOLF, IN HIS OFFICIAL CAPACITY :
AS GOVERNOR, :
:
Appellees :
DISSENTING OPINION
JUSTICE SAYLOR DECIDED: July 21, 2021
I joined the central analysis of Justice Baer’s dissent in Pennsylvania
Environmental Defense Foundation v. Commonwealth, 640 Pa. 55, 161 A.3d 911(2017), because I found it incongruous to apply private trust law principles to a public
trust. See id. at 102-116, 161 A.3d at 940-48 (Baer, J., dissenting); id. at 117, 161 A.3d
at 949 (Saylor, C.J., dissenting). To the degree that I am now bound to do so based on
precedent, I obviously favor the narrowest application possible. Accordingly, I would
affirm based on the Commonwealth Court’s rationale.