Pequea Township v. Herr’s Empirical Analysis
1998
Citation profile
3 federal appellate · 8 state decisions
How this case has been cited
Cited by 12 later decisions — most recently July 2024
3 federal appellate · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Commonwealth v. Dennis · Office of Disciplinary Counsel v. Kaloustian · Commonwealth v. Starr · Commonwealth, Department of Environmental Resources v. Butler County Mushroom Farm · In re Nomination Petition of Hendron
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he EHB determines from the evidence it receives whether DEP’s action can be sustained. Where the EHB finds DEP abused its discretion, it may substitute its discretion for that of DEP and order the relief requested.... Here, information relating to the bird hazard generated any time before action on Leatherwood’s Bird Control Plan was relevant to the Plan’s efficacy. Because the evidence was relevant, the EHB did not exceed the scope of its de novo review by considering evidence which became available after DEP issued the executory [pjermit, but before approval of the Bird Control Plan.”
1 later decision quote this exact passage“(a) General rule. — The board has the ■power and duty to hold hearings and issue adjudications under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) on orders, permits, licenses or- decisions of the department. (b) Powers continued. — The board shall continue to exercise the powers to hold hearings and issue adjudications which (powers) were vested in agencies listed in section 1901-A of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929.”
1 later decision quote this exact passage“Herr had established that [Pequea Township's] 1992 sewage plan was inadequate to meet Herr's sewage disposal needs,”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.